Acts and resolutions of the General Assembly of the State of Georgia 2011 [2011]

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2011
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One Book One

COMPILER'S NOTE
General Acts and Resolutions of the 2011 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 2010 - 2011 and the Appropriations Act for FY 2011-2012 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 1, 2010 and May 30, 2011 are printed in Volume Two beginning at pages 4167 and 4251, respectively.
There are no numbered pages between page 944, the last page of Volume One, Book One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Volume One has been divided into two books because of the number of pages in the volume. The only page numbers in Volume One, Book Two will be those appearing in the underlying bills.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the state auditor's report on funding of retirement bills; and the Governor's veto message are printed in Volume Three. Indexes cover material in both Volumes One and Two. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are 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 2011
TABLE OF CONTENTS
VOLUME ONE
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. . . . . . . . . . . . . . . . . . 4167 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4251
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 122A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 128A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 130A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378A

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EDUCATION STATE GOVERNMENT HOPE SCHOLARSHIPS AND GRANTS; COMPREHENSIVE REVISION.

No. 3 (House Bill No. 326).

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 provide comprehensive revisions to the HOPE scholarship and grant program; to revise definitions; to revise eligibility requirements; to combine and revise the HOPE scholarship programs relating to public and private postsecondary institutions; to revise requirements relating to HOPE grants and HOPE GED vouchers; to revise provisions relating to the Georgia Student Finance Commission; to repeal certain laws relating to HOPE scholarships at private postsecondary institutions, PROMISE teacher's scholarships, HOPE teacher's scholarships, PROMISE II teacher's scholarships, and the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for service cancelable loans for certain direct loans to students on the basis of need and merit; to provide for loans to cover the difference between the amount of tuition and the HOPE award; to revise definitions relating to tuition equalization grants at private colleges and universities; to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for determining eligibility of students seeking enrollment in postsecondary courses, so as to require certain coursework; to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Georgia Lottery for Education Act," so as to revise provisions relating to compensation of employees of the Georgia Lottery Corporation; to eliminate a reserve subaccount and automatic reduction triggers relating to books and fees; to revise a provision relating to retailers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows:
"20-3-519. As used in this part, the term:
(1) 'Academic year' means a period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least two semesters' or three quarters' academic work.

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(2) Reserved. (3) Reserved. (4) 'Certificate' or 'diploma' means a credential, other than a degree, indicating satisfactory completion of training in a program of study offered by an eligible postsecondary institution. (5) '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. (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; or (vi) The Southern Association of Independent Schools;
(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 of Independent Schools.
(7) 'Eligible postsecondary institution' means a school which is: (A) A unit of the University System of Georgia; (B) A branch of the Technical College System of Georgia; (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 (B) of paragraph (2) of Code Section 20-3-411.
(8) 'Eligible private postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph (C) or (D) of paragraph (7) of this Code section.

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(9) 'Eligible public postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph (A) or (B) of paragraph (7) of this Code section. (9.1) 'Factor rate' means the percentage amount established by the Georgia Student Finance Commission against which the previous year HOPE award amount is multiplied. (9.2) 'First professional degree program' means a nonundergraduate degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following:
(A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a nonundergraduate degree. (10) 'Freshman student' means a student at a postsecondary institution who has attempted less than 46 quarter hours or less than 31 semester hours. (11) 'Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for at least 12 semester hours or the equivalent in any given semester or quarter. (12) 'Grade point average' means the numbered grade average calculated using a 4.0 scale. (12.1) 'Half-time student' means a matriculated student attending a postsecondary educational institution and enrolled for six to 11 semester hours or the equivalent in any given semester or quarter. (12.2) 'HOPE award rate' means the rate equal to the previous academic year HOPE tuition payment to the eligible public postsecondary institution multiplied by the factor rate divided by 15. Notwithstanding the foregoing, the Georgia Student Finance Commission may adjust the previous academic year HOPE tuition payment used to calculate the HOPE award rate to reflect changes in the mission or sector of an eligible public postsecondary institution that affects the tuition charged by that institution. (13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.5. (13.1) 'HOPE award amount' means the amount of HOPE award to be made to an eligible student as follows: (A) At an eligible public postsecondary institution, the HOPE award amount is equal to the HOPE award rate multiplied by the number of credit hours, up to a maximum of 15, in which an eligible student is enrolled per quarter or semester; provided, however, that the quarter award shall equal two-thirds of the semester award and that credit hours for remedial and developmental courses shall not be included for the HOPE scholarship; or (B) At an eligible private postsecondary institution, the HOPE award amount is equal to HOPE tuition payment multiplied by the factor rate for full-time students and one-half of the HOPE tuition payment multiplied by the factor rate for half-time students. No awards shall be made to eligible students enrolled in five or fewer credit

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hours and credit hours for remedial and developmental courses shall not be included for the HOPE scholarship. (14) 'HOPE scholarship' means a Helping Outstanding Pupils Educationally scholarship for education awarded in accordance with Code Section 20-3-519.2. (15) Reserved. (16) 'HOPE GED voucher' means a Helping Outstanding Pupils Educationally general educational development (GED) diploma voucher for postsecondary education awarded in accordance with Code Section 20-3-519.6. (16.1) 'HOPE tuition payment' means, in the case of an eligible public postsecondary institution, the amount paid for tuition only based on the standard undergraduate full-time tuition rate for 15 hours; and, in the case of an eligible private postsecondary institution, the amount paid for tuition based on the amount established by the General Assembly in an appropriations Act. (17) 'Junior student' means a student at a postsecondary institution who has attempted at least 91 quarter hours but less than 136 quarter hours or at least 61 semester hours but less than 91 semester hours. (18) Reserved. (19) 'Matriculated status' means being recognized as a student in a defined program of study leading to a degree, diploma, or certificate at a postsecondary institution. (19.1) 'Part-time student' means a matriculated student attending a postsecondary educational institution and enrolled for less than 12 semester hours or the equivalent in any given semester or quarter and who has never been enrolled for 12 or more semester hours or the equivalent in any given semester or quarter. (20) Reserved. (21) 'Quarter hours' includes each quarter hour attempted for credit toward a degree, certificate, or diploma, but shall not include hours attempted for remedial and developmental courses for purposes of the HOPE scholarship. (21.1) 'Remedial and developmental courses' means coursework required by the postsecondary institution or chosen by the student that does not count toward program requirements for college degrees in the case of the HOPE scholarship, or, diplomas or certificates in the case of the HOPE grant. (22) 'Semester hours' includes each semester hour attempted for credit toward a degree, certificate, or diploma, but shall not include hours attempted for remedial and developmental courses for purposes of the HOPE scholarship. (23) 'Senior student' means a student at a postsecondary institution who has attempted at least 136 quarter hours but less than 191 quarter hours or at least 91 semester hours but less than 128 semester hours. (24) 'Sophomore student' means a student at a postsecondary institution who has attempted at least 46 quarter hours but less than 91 quarter hours or at least 31 semester hours but less than 61 semester hours.

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(25) 'Title IV' means Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C.A. Section 1070, et seq. (26) 'Tuition' means the charges to a student for postsecondary academic instruction without regard to other fees such as technology, activity, athletic, health, or other similar fees. (27) 'Zell Miller Scholar' means a student that has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3-519.2 and:
(A) As an incoming freshman: (i) Having graduated from an eligible high school with a grade point average of at least 3.7 calculated in accordance with Code Section 20-2-157 and having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; or (iii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26, and earning a cumulative grade point average of at least 3.3 at an eligible 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 scholarship for such student's freshman year to be paid at the end of the freshman year; and
(B) As a sophomore, junior, senior, or first professional student who met the requirements of subparagraph (A) of this paragraph, having a cumulative grade point average of at least 3.3 at the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a student that entered an eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholar as a sophomore, junior, senior, or first professional student. A student that loses eligibility to be a Zell Miller Scholar for any reason may regain eligibility one time if the student requalifies at one of the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2."

SECTION 2. Said article is further amended in Code Section 20-3-519.1, relating to ineligibility for scholarships or grants, as follows:
"20-3-519.1. (a) A student is eligible for any scholarship or grant described in this part if the student:
(1) Meets residency requirements by:

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(A)(i) Being 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 Technical College System of Georgia; and
(ii)(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 division (i) of this subparagraph for a period of at least 12 months immediately prior to the first day of classes for which the scholarship or grant 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 division (i) of this subparagraph for a period of at least 24 months immediately prior to the first day of classes for which the scholarship or grant is to be awarded; or (B) Being classified as a legal resident of Georgia if such student is an active duty military service member or the spouse or dependent child of an active duty military service member and the active duty military service member is stationed in Georgia or lists Georgia as their home of record. (2) Meets all applicable requirements of this part relating to the relevant scholarship or grant and applicable to the student. (b) A student is ineligible for any scholarship or grant described in this part 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 scholarship or grant 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 scholarship or grant 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 the Code section relating to the relevant scholarship or grant and applicable to the student."

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SECTION 3. Said article is further amended in 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 postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) 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 Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (c) 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 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 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 Department of Technical and Adult Education, now known as the Technical College System of Georgia, 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

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(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 (2) 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, junior, senior, or first professional student seeking an associate, baccalaureate, or first professional degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1: (1) 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, 90, or 135 quarter hours or 30, 60, or 90 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate or first professional student in a matriculated status. (c)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. (B) An otherwise eligible student who attains or regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may qualify or requalify for a HOPE scholarship; provided, however, that a student who receives a HOPE scholarship and loses eligibility pursuant to this subsection is only eligible to regain or requalify for the HOPE scholarship one time. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (1) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will

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regain or attain eligibility if other terms and conditions in this Code section are also satisfied; provided, however, that a student who receives a HOPE scholarship and loses eligibility pursuant to this subsection is only eligible to regain or requalify for the HOPE scholarship one time. (d) A student may receive the HOPE scholarship until the first of these events:
(1) The student has earned a baccalaureate or first professional degree; (2) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours; or (3) Beginning with those students receiving HOPE for the first time on or after July 1, 2011, seven years from a student's graduation from high school or the equivalent thereof as determined by the Georgia Student Finance Commission in its rules and regulations; provided, however, that for a student that serves in the military during such seven-year period, any such military service served as active duty shall not count against the seven-year period. A student that is ineligible to receive a HOPE scholarship pursuant to this paragraph but who received the HOPE scholarship during the 2010-2011 academic year shall continue to be eligible for the HOPE scholarship until June 30, 2015, as long as such student meets all other eligibility requirements, including, but not limited to, paragraphs (1) and (2) of this subsection. (e)(1) 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 be equal to the HOPE award amount. (f) For each semester of eligibility, Zell Miller Scholars shall be awarded an amount in addition to the HOPE award amount as follows: (1) If attending an eligible public institution, an amount equal to the difference between the HOPE award amount and the then current academic year standard undergraduate tuition amount at the institution to be paid; and (2) If attending an eligible private institution, an amount equal to the difference between the HOPE award amount and the HOPE tuition payment. "

SECTION 4. Said article is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Technical College System of Georgia, as follows:
"20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Technical College System of Georgia or a unit of the University System of Georgia shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by earning a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attended 30 or 60 semester hours or 45 or 90 quarter hours of courses towards a diploma or certificate for

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which the student received HOPE funds pursuant to this part. The grade point average shall be calculated using such 30 semester or 45 quarter hours taken pursuant to this subsection. An otherwise eligible student who attains or regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 30 or 60 semester hours or 45 or 90 quarter hours may qualify or requalify for a HOPE grant; provided, however, that a student who receives a HOPE grant and loses eligibility pursuant to this paragraph is only eligible to regain or requalify for the HOPE grant one time; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial and developmental courses. (d) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall equal the HOPE award amount. (e) No student that has a baccalaureate degree, its equivalent or higher, from any postsecondary institution shall be eligible to receive a HOPE grant. No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants. 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 Technical College System of Georgia or a unit of the University System of Georgia. The Technical College System of Georgia 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. Said article is further amended in Code Section 20-3-519.6, relating to HOPE GED vouchers, as follows:
"20-3-519.6. Subject to the amounts appropriated by the General Assembly and provisions relating to the shortfall reserve in Code Section 50-27-13, a HOPE GED voucher in the amount of $500.00 shall be available once to each student receiving a general educational

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development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993. Such voucher shall be issued to such student upon enrollment in any eligible postsecondary institution in Georgia within 24 months from the date the general educational development (GED) diploma was awarded to the student and may only be used to cover postsecondary costs of attendance at such institution."

SECTION 6. Said article is further amended in Code Section 20-3-519.10, relating to application of HOPE scholarships and HOPE grants, as follows:
"20-3-519.10. A HOPE scholarship and a HOPE grant may be applied to any portion of a student's tuition. In no case shall a HOPE scholarship or HOPE grant exceed a student's tuition."

SECTION 7. Said article is further amended in Code Section 20-3-519.11, relating to the Georgia Student Finance Commission, as follows:
"20-3-519.11. (a) The Georgia Student Finance Commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this part relating to grants and scholarships described in this part. The Georgia Student Finance Commission is authorized to promulgate rules and regulations related to grants, loans, and scholarships no longer in effect as of the effective date of this Act, under this part but for which the Georgia Student Finance Commission or the Georgia Student Finance Authority and the student were previously obligated. (b) Every eligible postsecondary institution shall be subject to examination by the Georgia Student Finance Commission for the sole purpose of determining whether such postsecondary institution has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be conducted by the Georgia Student Finance Commission no less frequently than once every three years. The Georgia Student Finance Commission is authorized to conduct the examination using sampling and extrapolation techniques. However, nothing in this subsection shall be construed to interfere with the authority of the postsecondary institution to determine its own curriculum, philosophy, purpose, or administration. In the event it is determined that a postsecondary institution knowingly or through error certified an ineligible student to be eligible for a scholarship or grant under this part, the amount of such scholarship or grant paid to the postsecondary institution pursuant to such certification shall be refunded by the postsecondary institution to the Georgia Student Finance Commission. The Georgia Student Finance Commission may suspend a postsecondary institution from receiving HOPE scholarship or HOPE grant award payments if it fails to refund any monies deemed due pursuant to this subsection. The Georgia Student Finance Commission shall be

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authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (c) 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 scholarship or grant under this part shall be guilty of a misdemeanor. (d) Notwithstanding any provision of this part, the Georgia Student Finance Commission is authorized to promulgate rules and regulations restricting eligibility for the scholarships and grants described in this part or reducing the dollar amount of scholarships and grants described in this part in accordance with the provisions of Code Section 50-27-13. In addition to other remedies available at law and equity, the Georgia Student Finance Commission is authorized to enter into repayment agreements with students that owe refunds to the Georgia Student Finance Commission of any scholarship or grant described in this part. Except as prohibited by federal or other state laws, individuals that owe refunds and fail to enter into repayment agreements with the Georgia Student Finance Commission are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the Georgia Student Finance Commission not inconsistent with the provisions of this part. As used in this subsection, the term 'refund' shall mean scholarship and grant amounts paid to or on behalf of students subsequently, in accordance with rules and regulations promulgated by the Georgia Student Finance Commission, determined to be ineligible to receive such funds. (e) The funding for the scholarships and grants described in this part shall be subject to annual appropriations enacted by the General Assembly which shall establish the total amount of funding for such scholarships and grants."

SECTION 8. Said article is further amended by repealing and reserving Code Sections 20-3-519.3, 20-3-519.7, 20-3-519.8, 20-3-519.9, 20-3-519.12, and 20-3-519.13, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, the PROMISE teacher's scholarship, the HOPE teacher's scholarship, ineligibility for a HOPE teacher's scholarship, eligibility for the PROMISE II teacher's scholarship, and the HOPE Scholarship/Pre-K Legislative Oversight Committee, respectively.

SECTION 9. Said article is further amended in Code Section 20-3-250.5, relating to administration of the "Nonpublic Postsecondary Educational Institutions Act of 1990", by revising paragraph (10) of subsection (b) as follows:
"(10) To establish and promulgate regulations for qualified proprietary institutions whose students receive tuition equalization grants in accordance with the criteria set forth in subparagraph (B) of paragraph (2) of Code Section 20-3-411."

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SECTION 9.1. Said article is further amended in Code Section 20-3-400.2, relating to eligibility, repayment period, maximum amount, interest rate, and requirements, by adding a new subsection to read as follows:
"(e.1) 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 any student that has met the applicable eligibility requirements to receive a HOPE scholarship under Code Section 20-3-519.2 or a HOPE grant under Code Section 20-3-519.5 as follows:
(1) If attending an eligible public institution, an amount equal to the difference between the HOPE award amount and the then current academic year standard undergraduate tuition amount at the institution to be paid; and (2) If attending an eligible private institution, an amount equal to the difference between the HOPE award amount and the HOPE tuition payment. The provisions of this subsection shall be subject to funding."

SECTION 10. Said article is further amended in Code Section 20-3-395.3, relating to repayment schedules for direct loans to students on the basis of need and merit, by adding a new subsection to read as follows:
"(c) Notwithstanding anything herein to the contrary, a student may service cancel a loan described in this subpart in accordance with rules and regulations promulgated by the authority if such student is employed by and agrees to teach in a public school in Georgia as a science, technology, engineering, or math teacher at the elementary, middle, or secondary level. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to a student pursuant to this subpart."

SECTION 11. Said article is further amended in Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows:
"20-3-411. As used in this subpart, the term:
(1) 'Academic year' means a period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least two semesters' or three quarters' academic work. (2) 'Approved school' means:
(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is not a four-year or graduate level institution of higher education that is, or is a part of, a college or university system that is owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of

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theology or divinity; and which is not presently receiving state funds under Article 4 of this 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 this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school'; and
(B)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree-granting institution of higher education; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a general educational development (GED) diploma, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; which is domiciled and incorporated in the State of Georgia; which has been in existence in the State of Georgia for at least ten years; and which met all of the requirements of this subparagraph by January 1, 2011; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruction, student placement rate, research and library sources, faculty, support staff, financial resources, physical plant facilities resources, and support and equipment resources. (ii) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on July 1, 1995, shall be deemed to be eligible for receipt of tuition equalization grant funds subject, however, to any subsequent review of such approval pursuant to any proper regulations which may thereafter be adopted in accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions. (iii) Any proprietary institution of higher education that is otherwise qualified pursuant to division (i) of this subparagraph on January 1, 2011, shall continue to be an approved school pursuant to this paragraph as long as it continues to meet the requirements of division (i) of this subparagraph as such existed on the day prior to the effective date of this division. (3) 'Eligible student' means a person who: (A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school or as a graduate level student if funds are specifically

GEORGIA LAWS 2011 SESSION

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appropriated in appropriations Acts of the General Assembly for payment of grants to graduate level students; (B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school; (C) Is not knowingly promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and (D) Meets the eligibility requirements for the HOPE program as set forth in paragraph (1) of subsection (a) and in subsection (b) of Code Section 20-3-519.1. (4) 'Full-time student' means an undergraduate student who enrolls for a minimum of 12 academic hours, or ten academic hours in the case of a graduate student."

SECTION 12. Code Section 20-2-73 of the Official Code of Georgia Annotated, relating to removal of local school board members under certain circumstances, is amended by revising subsection (a) as follows:
"(a) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (6)(A) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board."

SECTION 13. Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for determining eligibility of students seeking enrollment in postsecondary courses, is amended by adding new subsections to read as follows:
"(d) Beginning with students graduating from high school on or after May 1, 2015, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least two courses prior to graduating from high school from the following categories:
(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (4) International baccalaureate courses in core subjects;

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(5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (e) Beginning with students graduating from high school on or after May 1, 2016, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least three courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (4) International baccalaureate in core courses; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (4) International baccalaureate in core courses; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be

GEORGIA LAWS 2011 SESSION

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authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."

SECTION 14. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Georgia Lottery for Education Act," is amended by revising subsection (a) of Code Section 50-27-12, relating to employees of the Georgia Lottery Corporation, as follows:
"(a) The corporation shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees, including, but not limited to, production incentive payments; provided, however, that production incentive payments, bonuses, or any other consideration in addition to an employee's base compensation shall not exceed 25 percent of such employee's base compensation. In total, bonuses shall not exceed 1 percent of the net increase over the prior year's deposit into the Lottery for Education Account. No bonuses may be awarded in years in which there is not a net increase over the prior year's deposit into the Lottery for Education Account."

SECTION 15. Said article is further amended in Code Section 50-27-13, relating to disposition of lottery proceeds, by revising subsections (b) and (f) as follows:
"(b)(1) On or before the fifteenth day of each quarter, the corporation shall transfer to the general fund of the state treasury, for credit to the Lottery for Education Account for the preceding quarter, the amount of all net proceeds during the preceding quarter. The state treasurer shall separately account for net proceeds by establishing and maintaining a Lottery for Education Account within the state treasury.
(2) Upon their deposit into the state treasury, any moneys representing a deposit of net proceeds shall then become the unencumbered property of the State of Georgia and the corporation shall have no power to agree or undertake otherwise. Such moneys shall be invested by the state treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the Lottery for Education Account. (3) A shortfall reserve shall be maintained within the Lottery for Education Account in an amount equal to at least 50 percent of net proceeds deposited into such account for the preceding fiscal year. If the net proceeds paid into the Lottery for Education Account in any year are not sufficient to meet the amount appropriated for education purposes, the shortfall reserve may be drawn upon to meet the deficiency. In the event the shortfall reserve is drawn upon and falls below 50 percent of net proceeds deposited into such account for the preceding fiscal year, the shortfall reserve shall be replenished to the level required by this paragraph in the next fiscal year and the lottery-funded programs shall be reviewed and adjusted accordingly.

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"(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state accounting officer shall not include the net proceeds."

SECTION 16. Said article is further amended in Code Section 50-27-17, relating to the state-wide network of retailers, by revising subsection (c) as follows:
"(c) The corporation shall provide for compensation to lottery retailers in the form of commissions in an amount of 6 percent of gross sales and may provide for other forms of incentive compensation beginning on July 1, 2016; provided, however, that other forms of incentive compensation may be provided beginning on July 1, 2014, if the Lottery for Education Account deposits exceed $1 billion in the previous fiscal year or may be provided prior to July 1, 2016, as authorized by the Governor."

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall be applicable to postsecondary students beginning in the fall of 2011.

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

Approved March 15, 2011.

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ELECTIONS ETHICS PENALTIES AND FEES; NOTICE DELIVERY; FILING METHODS; LOBBYING; REGULATION; DISCLOSURE.

No. 4 (House Bill No. 232).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to authorize the waiver of certain penalties and fees; to provide for the method by which the Georgia Government Transparency and Campaign Finance Commission shall deliver certain notices to certain officials; to provide an exception to the requirement that filers provide e-mail addresses; to provide that campaign finance disclosure statements and financial disclosure statements of certain local officials may be filed by certified mail or statutory overnight delivery; to redefine the term "lobbyist" and thereby provide that certain persons who engage only incidentally in certain activities shall not be regulated as lobbyists; to provide that persons who are bona fide employed as salespersons shall not be subject to regulation as vendor lobbyists; to change certain expenditure triggers for lobbyist registration; to provide for a grace period for the filing of lobbyist disclosure reports; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended in Code Section 21-5-6, relating to powers of the Georgia Government Transparency and Campaign Finance Commission, by revising division (b)(14)(C)(i) as follows:
"(C)(i) Except as provided in paragraph (2) of Code Section 21-5-7.1, to pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter; provided, however, that a civil penalty not to exceed $10,000.00 may be imposed for a second occurrence of a violation of the same provision and a civil penalty not to exceed $25,000.00 may be imposed for each third or subsequent occurrence of a violation of the same provision. In imposing a penalty or late filing fee under this chapter, the commission may waive or suspend such penalty or fee if the imposition of such penalty or fee would impose an undue hardship on the person required to pay such penalty or fee. The commission may also waive or suspend a penalty or fee in the case of failure to file or late filing

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of a report if there are no items to be included in the report. For the purposes of the penalties imposed by this division, the same error, act, omission, or inaccurate entry shall be considered a single violation if the error, act, omission, or inaccurate entry appears multiple times on the same report or causes further errors, omissions, or inaccurate entries in that report or in any future reports or further violations in that report or in any future reports."

SECTION 2. Said chapter is further amended by revising Code Section 21-5-14, relating to filers' provision of e-mail addresses to the commission, as follows:
"21-5-14. (a) Except as provided in subsection (b) of this Code section, each individual required by this chapter to file a report or disclosure statement with the commission shall provide the commission, in writing, with a current e-mail address and shall advise the commission, in writing, of any change to such address within ten days of any change to such address. Such information shall be provided to the commission prior to January 31 each year. (b) City, county, and school board officials are not required to provide an e-mail address to the commission."

SECTION 3 . Said chapter is further amended by adding a new Code Section 21-5-15 to read as follows:
"21-5-15. When the commission gives notice to a local official referred to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 of any of the actions listed in this Code section, such notice shall be given by certified mail or statutory overnight delivery. This Code section shall apply with respect to any notice of: the filing of a complaint; a technical defect in a filing; a failure to make a timely filing; or a late fee or other penalty."

SECTION 4. Said chapter is further amended in Code Section 21-5-34, relating to campaign contribution disclosure reports, by revising paragraph (1) of subsection (k) as follows:
"(k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by

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electronic means does not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph."

SECTION 5. Said chapter is further amended in Code Section 21-5-34.1, relating to electronic filing of campaign contribution disclosure reports, by revising subsection (c) as follows:
"(c) Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports with the commission or may file by certified mail or statutory overnight delivery."

SECTION 6. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements, by revising subsection (d) and paragraph (1) of subsection (f) as follows:
"(d) All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission. Local officials referred to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file electronically or may file by certified mail or statutory overnight delivery."
"(f) (1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph."

SECTION 7. Said chapter is further amended in Code Section 21-5-70, relating to terms applicable to Article 4, by revising paragraph (5) as follows:
"(5) 'Lobbyist' means, subject to the qualifications at the end of this paragraph: (A) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Any natural person who makes a total expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee or independent contractor of the vendor solely on the basis that such employee or independent contractor participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J) of this paragraph; (H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or

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informational material, to promote or oppose any matter before the State Transportation Board. The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71."

SECTION 8. Said chapter is further amended in Code Section 21-5-71, relating to registration of lobbyists, by revising subsection (a) as follows:
"(a)(1) Subject to paragraphs (2) and (3) of this subsection, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) does not apply there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year."

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SECTION 9. Said chapter is further amended in Code Section 21-5-73, relating to lobbyist disclosure reports, by adding a new subsection (i) to read as follows:
"(i) All lobbyists shall have a grace period of three business days in filing all disclosure reports."

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is the express intention of the General Assembly that this Act be applied retroactively to January 10, 2011, as well as prospectively.

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

Approved March 15, 2011.

__________

APPEAL AND ERROR COURTS FEES; EXEMPTIONS; REDUCTIONS.

No. 7 (House Bill No. 41).

AN ACT

To amend Title 5 and Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and courts, respectively, so as to exempt the Department of Law from the fee charged for the preparation of the record in capital felony cases; to reduce the fee charged for the preparation of an appellate record and transcript; to reduce the fee charged for the preparation of the record of appeal in a criminal case involving a capital felony; to exempt issuance of certificates of appointment of notaries public from the judicial operations fund fee; 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:

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SECTION 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by revising subsection (b) of Code Section 5-6-43, relating to preparation and transmittal or record on appeal by court clerks, as follows:
"(b) Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish, at no cost, the Attorney General with an exact copy of the record on appeal."

SECTION 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (12) of subsection (g) and paragraph (6) of subsection (h) of Code Section 15-6-77, relating to fees to be charged by superior court clerks, as follows:

"(12) Preparation of record and transcript to the Supreme Court and

Court of Appeals, per page.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.00

Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of. . . . . . . . . . . . . . . .

35.00"

"(6) Preparation and furnishing copy of the record of appeal in criminal

cases where the accused was convicted of capital felony, except when

provided in accordance with subsection (b) of Code Section 5-6-43, per

page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.00

Clerk's certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.00

The clerk shall not receive compensation for the transcript of evidence and proceedings."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 15-21A-6.1, relating to the judicial operations fund fee for superior courts, as follows:
"(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 $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, 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 superior court and to which a number

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is assigned shall be subject to such fee, whether such matter is contested or not; provided, however, that the judicial operations fund fee shall not apply to the issuance of certificates of appointment and reappointment of notaries public."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Sections 1 and 2 of this Act shall apply retroactively to all cases for which fees have not been assessed.

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

Approved March 16, 2011.

__________

EDUCATION LOCAL BOARD OF EDUCATION MEMBERS; TERMS; REMOVAL; SEVEN MEMBER LIMIT IN COUNTIES WITH HOST AND ESPLOST.

No. 9 (Senate Bill No. 79).

AN ACT

To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that members of local boards of education shall serve terms of no less than four years in length; to provide for a phase-in period; to provide for exceptions; to provide for certain requirements as to the composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes; to authorize the Governor to remove members of a local board of education if the local school system has not reattained full accreditation status within a certain amount of time; to provide for applicability; to provide for submission of certain provisions of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; 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. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by revising Code Section 20-2-52, relating to terms of office of members of local boards of education, as follows:
"20-2-52. (a) Effective January 1, 2012, members of local boards of education shall be elected for terms of not less than four years, provided that longer terms of office may be provided by local Act or constitutional amendment.
(b)(1) Each local board of education shall have no more than seven members as provided by local Act. (2) This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply. (c) Members of local boards of education in office on July 1, 2011, who are serving terms of office of less than four years shall serve until December 31, 2012, and until their respective successors are elected and qualified. Members elected in 2011 shall serve until December 31, 2014, and until their respective successors are elected and qualified. Successors to all such members shall be elected to serve four-year terms of office and until their respective successors are elected and qualified. (d) The General Assembly, by local law, may provide for staggered terms of office and term limits for such offices. On and after January 1, 2015, the General Assembly by local law may provide for terms of less than four years for members of local boards of education."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"20-2-52.1. (a) On and after January 1, 2013, in counties in which there is being collected a homestead option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 and a county sales and use tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 and the county board of education consists of more than seven members, such county boards of education shall comply with this Code section. Such county boards of education shall consist of seven members elected from single-member districts of approximately equal population. The number of members may be reduced to less than seven members by local legislation, but such members shall be elected from single-member districts of approximately equal population. (b) Unless otherwise provided by local law, such county boards of education shall select from among their membership a chairperson and vice chairperson at the first meeting of each odd-numbered year.

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(c) Unless otherwise provided by local law, such county boards of education shall serve staggered, four-year terms of office."

SECTION 3. Said article is further amended by revising Code Section 20-2-73, relating to removal of local board members under certain circumstances, as follows:
"20-2-73. (a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph(A) of paragraph (6.1) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (2) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school has been placed on, as of the effective date of this paragraph, the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6.1) of Code Section 20-3-519 and does not reattain full accreditation status by July 1, 2011, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board.
(b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation. The appealing member shall

GEORGIA LAWS 2011 SESSION

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be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) Paragraph (1) of subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after the effective date of this subsection. (e) This Code section shall apply to all local board of education members, regardless of when they were elected or appointed."

SECTION 4. If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to the effective date of this Act.

SECTION 5. The Attorney General of Georgia shall cause Section 3 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval.

SECTION 6. 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 7. All laws and parts of laws in conflict with this Act are repealed.

Approved April 20, 2011.

__________

HEALTH HEALTH CARE COMPACT.

No. 10 (House Bill No. 461).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to adopt the Health Care Compact; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:

"CHAPTER 48

31-48-1. The Health Care Compact is entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:

'The Health Care Compact

WHEREAS, the separation of powers, both between the branches of the federal government and between federal and state authority, is essential to the preservation of individual liberty; and

WHEREAS, the Constitution creates a federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the federal government; and

GEORGIA LAWS 2011 SESSION

31

WHEREAS, the federal government has enacted many laws that have preempted state laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety; and

WHEREAS, the Member States seek to increase individual liberty and control over personal Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States; and

WHEREAS, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and

WHEREAS, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact;

NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective state constitutions of the present Health Care Compact, agree, as follows:

Sec. 1. Definitions. As used in this Compact, unless the context clearly indicates otherwise: "Commission" means the Interstate Advisory Health Care Commission. "Effective Date" means the date upon which this Compact shall become effective for purposes of the operation of state and federal law in a Member State, which shall be the latter of:
(a) The date upon which this Compact shall be adopted under the laws of the Member State; or (b) The date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact. "Health Care" means care, services, supplies, or plans related to the health of an individual and includes, but is not limited to: (a) Preventative, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body; (b) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription; and (c) An individual or group plan that provides, or pays the cost of, care, services, or supplies related to the health of an individual,

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except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veterans Affairs, or provided to Native Americans. "Member State" means a State that is signatory to this Compact and has adopted it under the laws of that State. "Member State Base Funding Level" means a number equal to the total federal spending on Health Care in the Member State during federal fiscal year 2010. On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State. The preliminary estimate of the Member State Base Funding Level for the State of Georgia is $21,556,000,000.00. "Member State Current Year Funding Level" means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor. "Member State Current Year Population Adjustment Factor" means the average population of the Member State in the current year less the average population of the Member State in federal fiscal year 2010, divided by the average population of the Member State in federal fiscal year 2010, plus 1. Average population in a Member State shall be determined by the United States Census Bureau. "Current Year Inflation Adjustment Factor" means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in federal fiscal year 2010. Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce.

Sec. 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member State.

Sec. 3. Legislative Power. The legislatures of the Member States have the primary responsibility to regulate Health Care in their respective states.

Sec. 4. State Control. Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact. Federal and state laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact. For any federal law, rule, regulation, or order that remains

GEORGIA LAWS 2011 SESSION

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in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State.

Sec. 5. Funding. (a) Each federal fiscal year, each Member State shall have the right to federal monies up to an amount equal to its Member State Current Year Funding Level for that federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State. (b) By the start of each federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State based upon reasonable estimates. The final Member State Current Year Funding Level shall be calculated and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office.

Sec. 6. Interstate Advisory Health Care Commission. (a) The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission's total membership. (b) The Commission may elect from among its membership a Chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this Compact. The Commission shall meet at least once a year, and may meet more frequently. (c) The Commission may study issues of Health Care regulation that are of particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective states. (d) The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care. The Commission shall make this information and data available to the legislatures of the Member States. Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual.

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(e) The Commission shall be funded by the Member States as agreed to by the Member States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact. (f) The Commission shall not take any action within a Member State that contravenes any State law of this Member State.

Sec. 7. Congressional Consent. This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress. This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are:
(a) To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and (b) To secure federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above.

Sec. 8. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution.

Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States.'"

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

Approved April 20, 2011.

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GENERAL ASSEMBLY CRIMINAL JUSTICE REFORM; SPECIAL COUNCIL; SPECIAL JOINT COMMITTEE.

No. 45 (House Bill No. 265).

AN ACT

To amend Title 28 of the Official Code of Georgia Annotated, relating to the Georgia General Assembly, so as to create the 2011 Special Council on Criminal Justice Reform for Georgians and the Special Joint Committee on Georgia Criminal Justice Reform; to provide for related matters; to provide for legislative intent; to provide for an automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows:

"CHAPTER 13

28-13-1. The General Assembly finds and determines that:
(1) It has been many years since there has been a systematic study of the State of Georgia's correctional system and criminal justice structure and there exists a need for such study today; (2) A study of Georgia's criminal justice and correctional system is necessary to enhance public safety, reduce victimization, hold offenders more accountable, enhance probation and parole supervision, and better manage a growing prison population through increasing public safety, improving rehabilitation, and lowering state expense; (3) Such a study and the formulation of recommendations for criminal justice structural changes can best be carried out through an established council; and (4) Enactment of council recommendations, if deemed appropriate at the 2012 session of the General Assembly, is best carried out through a deliberative and specific legislative process.

28-13-2. (a) There is created the 2011 Special Council on Criminal Justice Reform for Georgians (hereinafter 'council') which shall consist of 13 members as follows:
(1) The Governor or his or her designee;

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(2) Three members appointed by the Governor; (3) Three members appointed by the Speaker of the House of Representatives, all of whom shall be members of the House of Representatives and one of whom shall be a member of the minority party; (4) Three members appointed by the Lieutenant Governor, all of whom shall be members of the Senate and one of whom shall be a member of the minority party; (5) The Chief Justice of the Supreme Court of Georgia or his or her designee; and (6) Two members of the judicial branch, to be appointed by the Chief Justice of the Supreme Court of Georgia. (b) A chairperson shall be selected by a majority vote of the members of the council. A quorum of the council shall consist of seven members. Any member of the council unable to serve shall be replaced in the same manner in which the original appointment was made. (c) All departments and agencies of the state, including the Department of Corrections and State Board of Pardons and Paroles, shall, upon request of the council or the Governor, provide requested services, information, and technical support, notwithstanding any other law to the contrary. (d) Members of the council shall receive no compensation for their services, except that any member may be reimbursed for actual expenses incurred in the performance of their duties by the agency or department in which they serve as an official or employee. (e) The council shall conduct a thorough study of the state's current criminal justice structure and make a report of its findings and recommendations for legislation to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chief Justice of the Supreme Court no later than November 1, 2011.

28-13-3. (a) There is created the Special Joint Committee on Georgia Criminal Justice Reform (hereinafter 'joint committee') which shall consist of 18 members as follows:
(1) The President Pro Tempore of the Senate and Speaker Pro Tempore of the House of Representatives; (2) The majority leader of the Senate and the majority leader of the House of Representatives; (3) The minority leader of the Senate and the minority leader of the House of Representatives; (4) The chairpersons of the Senate Judiciary Committee, the Senate Public Safety Committee, the House Committee on Judiciary, and the House Committee on Judiciary, Non-civil; (5) The chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Institutions and Property; (6) Three members of the Senate to be appointed by the Lieutenant Governor, someone of whom shall be a member of the minority party; and

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(7) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, someone of whom shall be a member of the minority party. (b)(1) The chairpersons of the Senate Judiciary Committee and the House Committee on Judiciary, Non-civil shall serve as cochairpersons of the joint committee. A quorum of the joint committee shall consist of nine members. (2) During the 2012 session of the General Assembly, the chairperson of the joint committee who is a member of the House of Representatives may cause to be introduced in the House of Representatives one or more bills or resolutions incorporating the recommendations of the council, and such legislation shall, after its introduction, be referred by the Speaker of the House of Representatives only to the joint committee and no other committee of the House of Representatives. (3) If one or more bills or resolutions referred by the joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration by the Senate and may be voted upon by the Senate. (4) The rules of the Senate and the House of Representatives for the 2012 legislative session shall contain provisions necessary or appropriate to comply with the legislative process specified by this Code section.

28-13-4. This chapter shall stand repealed by operation of law on July 1, 2012."

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

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

Approved April 22, 2011.

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REVENUE INTERNAL REVENUE CODE; INCORPORATE PROVISIONS; STREAMLINED SALES TAX REVISIONS; DEFINITIONS; BAD DEBT; ESTIMATED LIABILITY; SOFTWARE REVIEW.

No. 46 (House Bill No. 168).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for the revision of sales and use tax provisions for streamlined sales tax purposes; to change and provide for definitions; to change and provide for exemptions; to change provisions related to deductions for bad debts; to change certain provisions relating to taxability burden of proof; to change certain provisions relating to reporting and accounting methods; to change certain provisions relating to dealer returns and estimated tax liability; to change certain provisions relating to sourcing; to provide for certification of review software; to provide for liability and relief from liability; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-1-2, relating to definitions regarding revenue and taxation, 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 1, 2010, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2011, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), 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 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public

GEORGIA LAWS 2011 SESSION

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Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010 and shall be $250,000.00 for tax years beginning in 2011, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010 and shall be $800,000.00 for tax years beginning in 2011. 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, 2011, 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 1, 2010, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2011, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."

SECTION 2. Said title is further amended in Code Section 48-8-2, relating to sales and use tax definitions, by adding new paragraphs to read as follows:
"(11.1) 'Dietary supplement' means any product, other than tobacco, intended to supplement the diet that:
(A) Contains one or more of the following dietary ingredients: (i) A vitamin; (ii) A mineral; (iii) An herb or other botanical; (iv) An amino acid; (v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or (vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in this subparagraph;
(B) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in such a form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and (C) Is required to be labeled as a dietary supplement, identifiable by the 'Supplements Facts' box found on the label as required pursuant to 21 C.F.R. Section 101.36." "(20.1) 'Over-the-counter drug' means a drug that contains a label that identifies the product as a drug as required by 21 C.F.R. Section 201.66. The 'over-the-counter drug' label includes: (A) A 'Drug Facts' panel; or

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(B) A statement of the 'active ingredient(s)' with a list of those ingredients contained in the compound, substance, or preparation." "(39.1) 'Tobacco' means cigarettes, cigars, chewing or pipe tobacco, or any other item that includes tobacco."

SECTION 3.

Said title is further amended in said Code section by revising paragraphs (16), (29), and (34)

to read as follows:

"(16) 'Food and food ingredients' means substances, whether in liquid, concentrated,

solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans

and are consumed for their taste or nutritional value. 'Food and food ingredients' shall

not include alcoholic beverages, dietary supplements, or tobacco."

"(29) 'Prosthetic device' means a replacement, corrective, or supportive device including

repair and replacement parts for the same worn on or in the body to:

(A) Artificially replace a missing portion of the body;

(B) Prevent or correct physical deformity or malfunction; or

(C) Support a weak or deformed portion of the body.

'Prosthetic device' shall not include hearing aids."

"(34)(A) 'Sales price' applies to the measure subject to sales tax and means the total

amount of consideration, including cash, credit, property, and services, for which

personal property or services are sold, leased, or rented, valued in money, whether

received in money or otherwise without any deduction for the following:

(i) The seller's cost of the property sold;

(ii) The cost of materials used, labor, or service cost, interest, losses, all costs of

transportation to the seller, all taxes imposed on the seller, and any other expense of

the seller;

(iii) Charges by the seller for any services necessary to complete the sale; and

(iv) Delivery charges

.

(B) 'Sales price' shall not include:

(i) Discounts, including cash, term, or coupons that are not reimbursed by a third

party that are allowed by a seller and taken by a purchaser on a sale;

(ii) Interest, financing, and carrying charges from credit extended on the sale of

personal property or services, if the amount is separately stated on the invoice, bill of

sale, or similar document given to the purchaser;

(iii) Any taxes legally imposed directly on the consumer that are separately stated on

the invoice, bill of sale, or similar document given to the purchaser;

(iv) Installation charges if they are separately stated on the invoice, billing, or similar

document given to the purchaser;

(v) Telecommunications nonrecurring charges if they are separately stated on the

invoice, billing, or similar document; and

(vi) Credit for any trade-in.

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(C) 'Sales price' shall include consideration received by the seller from third parties if: (i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale; (ii) The seller has an obligation to pass the price reduction or discount through to the purchaser; (iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and (iv) One of the following criteria is met: (I) The purchaser presents a coupon, certificate, or other documentation to the seller to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate, or documentation is presented; (II) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount; provided, however, that a 'preferred customer' card that is available to any patron shall not constitute membership in such a group; or (III) The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser."

SECTION 4. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by revising paragraphs (12), (18), (47), (50), (52), (54), and (57) as follows:
"(12) Food and food ingredients and prepared food sold and served to pupils and employees of public schools as part of a school lunch program;" "(18) Charges made for the transportation of tangible personal property except delivery charges by the seller associated with the sale of taxable tangible personal property, including, but not limited to, charges for accessorial services such as refrigeration, switching, storage, and demurrage made in connection with interstate and intrastate transportation of the property;"
"(47)(A)(i) The sale or use of drugs which are lawfully dispensable only by prescription for the treatment of natural persons, and the sale or use of prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such; and (ii) The sale or use of drugs lawfully dispensable by prescription for the treatment of natural persons which are dispensed or distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; and the use of drugs and durable medical equipment lawfully dispensed or distributed without charge solely for the purposes

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of a clinical trial approved by either the United States Food and Drug Administration or by an institutional review board. (B) For purposes of this paragraph, the term: (i) 'Drug' means the same as provided in Code Section 48-8-2 but shall not include over-the-counter drugs or tobacco. (ii) 'Institutional review board' means an institutional review board as provided in 21 C.F.R. Section 56. (C) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;" "(50) Sales of insulin syringes and blood glucose level measuring strips dispensed without a prescription;" "(52) The sale or use of hearing aids;" "(54) The sale or use of any durable medical equipment that is sold or used pursuant to a prescription or prosthetic device that is sold or used pursuant to a prescription ;" "(57)(A) The sale of food and food ingredients to an individual consumer for off-premises human consumption, to the extent provided in this paragraph. (B) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include prepared food, drugs, or over-the-counter drugs. (C) The exemption provided for in this paragraph shall not apply to the sale or use of food and food ingredients when purchased for any use in the operation of a business. (D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (ii) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied 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 any article of this chapter. (E) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;"

SECTION 5. Said title is further amended by revising Code Section 48-8-38, relating to taxability burden of proof, as follows:
"48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless such person takes from the

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purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate. (c) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either:
(1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that:
(A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship."

SECTION 6. Said title is further amended by revising Code Section 48-8-45, relating to reporting and accounting methods, as follows:
"48-8-45. (a) Any dealer taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner.

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(b) Any dealer reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any dealer reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner. Any deduction taken or refund claimed that is attributed to bad debts shall not accrue or include interest. (d) The bad debt may be deducted on the return for the period during which the bad debt is written off as uncollectable in the claimant's books and records and is eligible to be deducted for federal income tax purposes. Any such deduction for such bad debt shall be reported as a separate line item on the claimant's sales and use tax return. If such deduction is not reported as a line item, it shall be disallowed. A claimant who is not required to file federal income tax returns may deduct a bad debt on a return filed for the period in which the bad debt is written off as uncollectable in the claimant's books and records and the claimant would be eligible for a bad debt deduction for federal income tax purposes if the claimant was required to file a federal income tax return. (e) If a deduction is taken for a bad debt and the debt is subsequently collected in whole or in part, the tax on the amount so collected must be paid and reported on the return filed for the period in which the collection is made. For the purposes of reporting a payment received on a previously claimed bad debt, any payments made on a debt or account are applied first proportionally to the taxable price of the property or service and the sales tax thereon, and, secondly, to interest, service charges, and any other charges.
(f)(1) As used in this subsection, 'assignee' includes but is not limited to: (A) Assignees of promissory notes, accounts, or accounts receivable; or (B) Financial institutions that do not make taxable retail sales but that finance retail sales by making loans or issuing credit cards to purchasers.
(2) The deduction and refund provided for in this Code section are not assignable. The deduction and refund provided for in this Code section are only available to a dealer that makes a taxable retail sale, remits tax on that sale, and subsequently incurs a bad debt with respect to that sale. Assignees may not take a deduction or claim a refund pursuant to this Code section. (g) For purposes of calculating the deduction taken or refund claimed, a 'bad debt' shall have the same meaning as defined in 26 U.S.C. Section 166. However, the amount calculated pursuant to 26 U.S.C. Section 166 shall be adjusted to exclude: (1) Financing charges or interest; (2) Sales or use taxes charged on the purchase price; (3) Uncollectable amounts on property that remain in the possession of the seller until the full purchase price is paid; (4) Expenses incurred in attempting to collect any debt; and (5) Repossessed property.

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(h) For bad debts incurred and written off after January 1, 2011, when the amount of bad debt exceeds the amount of taxable sales for the period during which the bad debt is written off, a refund claim may be filed. The statute of limitations for filing such claim shall be three years from the due date of the return on which the bad debt could first be claimed. Such refund shall be claimed on such form as shall be established by the commissioner. (i) Where filing responsibilities have been assumed by a certified service provider, the department allows the service provider to claim, on behalf of the seller, any bad debt allowance provided by this Code section. Such refund shall be claimed on such form as shall be established by the commissioner. The certified service provider must credit or refund the full amount of any bad debt allowance or refund received to the seller. (j) Where the books and records of the party claiming the bad debt allowance support an allocation of the bad debts among the Streamlined Sales Tax member states, such allocation is permitted."

SECTION 7. Said title is further amended by revising subsections (b) and (c) of Code Section 48-8-49, relating to dealer returns and estimated tax liability, as follows:
"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last calendar year. (2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. (c) Rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect to the sales price in accordance with the rules and regulations prescribed by the commissioner."

SECTION 8. Said title is further amended by revising subparagraph (d)(2)(A) of Code Section 48-8-77, relating to sourcing, as follows:
"(A) Except as otherwise provided in this paragraph, sales of 'other direct mail' are sourced in accordance with subparagraph (b)(1)(C) of this Code section;"

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SECTION 9. Said title is further amended by adding a new Code section as follows:
"48-8-77.1. (a) For purposes of this Code section, the definitions as provided in Code Section 48-8-161 shall apply. (b) The department shall review software submitted to the Streamlined Sales Tax Governing Board for certification as a Certified Automated System under Section 501 of the Streamlined Sales and Use Tax Agreement. Such review shall include a review to determine that the program accurately reflects the taxability of the product categories included in the program. Upon approval by the department, the state will certify its acceptance of the software to the Streamlined Sales Tax Governing Board. (c) The department shall relieve certified service providers and model 2 sellers from liability to the state and local jurisdictions in the state for not collecting sales or use taxes resulting from the certified service provider or model 2 seller relying on the certification provided by the state. (d) The department shall provide relief from liability to certified service providers for not collecting sales and use taxes in the same manner as provided to sellers under Code Section 48-8-38. (e) If the department determines that an item or transaction is incorrectly classified as to the item or transaction's taxability, the department shall notify the certified service providers or model 2 sellers of the incorrect classification. The certified service provider or model 2 seller shall have ten days to revise the classification after receipt of notice from the department of the determination."

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2010.

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

Approved April 27, 2011.

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REVENUE SALES AND USE TAX; JET FUEL EXEMPTION; UNIDENTIFIABLE PROCEEDS.

No. 47 (House Bill No. 322).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to change provisions relating to the exemption for the sale or use of jet fuel by certain qualifying airlines at a qualifying airport; to provide for limitations; to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions of unidentifiable sales and use tax proceeds; 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 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by revising paragraph (33.1) as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. (ii) For the period of time beginning July 1, 2012, and ending June 30, 2013, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $10 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the sale or use of jet fuel to or by the qualifying airline shall be subject to state sales and use tax. (iii) The exemptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any purchases of jet fuel occurring on or after July 1, 2013.

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(C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which:
(i) Is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire; and (ii) For the 12 month period immediately preceding the applicable period specified in division (i) or (ii) of subparagraph (B) of this paragraph had, or would have had in the absence of any exemption during such 12 month period, state sales and use tax liability on jet fuel of more than $15 million. (F) For purposes of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph."

SECTION 2. Said article is further amended in Code Section 48-8-67, relating to distribution of unidentifiable sales and use tax proceeds, by repealing subsection (h), which reads as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2011, unless such authority is extended by a subsequent general Act of the General Assembly."

SECTION 3. (a) Section 2, this section, and Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on July 1, 2011.

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

Approved April 27, 2011.

__________

ALCOHOLIC BEVERAGES SUNDAY SALES.

No. 48 (Senate Bill No. 10).

AN ACT

To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if approved by referendum; to provide that in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if approved by referendum; to provide procedures; 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 3-3-7 of the Official Code of Georgia Annotated, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by adding new subsections to read as follows:
"(p)(1) Notwithstanding other laws, in each county or municipality in which package sales of malt beverages and wine by retailers are lawful, but package sales of distilled spirits by retailers are not lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of both malt beverages and wine are approved by referendum as provided in paragraph (2) of this subsection. (2) Any governing authority desiring to permit and regulate package sales by retailers of both malt beverages and wine on Sundays between the hours of 12:30 P.M. and

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11:30 P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday package sales by retailers of both malt beverages and wine to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words:
'( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of both malt
( ) NO beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?'
All persons desiring to vote for approval of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'Yes,' and all persons desiring to vote for rejection of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages and wine shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State. (3) Whenever package sales of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages and wine may be made only by licensed retailers that are licensed to sell by the package. (4) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of malt beverages and wine by retailers. (q)(1) Notwithstanding other laws, in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of malt beverages, wine, and distilled spirits are approved by referendum as provided in paragraph (2) of this

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subsection. If the governing authority seeks authorization for Sunday sales of alcoholic beverages pursuant to this subsection, the governing authority shall seek authorization of package sales by retailers of all alcoholic beverages, including malt beverages, wine, and distilled spirits, and not of only one type of alcoholic beverage. (2) Any governing authority desiring to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday package sales by retailers of malt beverages, wine, and distilled spirits to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words:
'( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt
( ) NO beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?'
All persons desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'Yes,' and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State. (3) Whenever package sales of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages, wine, and distilled spirits may be made only by licensed retailers that are licensed to sell by the package. (4) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers."

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

Approved April 28, 2011.

__________

LOCAL GOVERNMENT STATE GOVERNMENT WATER RESERVOIR, FACILITIES, AND SYSTEMS; CONTRACTS; GEFA PARTICIPATION.

No. 49 (Senate Bill No. 122).

AN ACT

To amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to local government public works bidding, so as to provide for local government contracts related to planning, financing, constructing, acquiring, operating, or maintaining certain water reservoirs, facilities, and systems; to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Water Supply Division of the Georgia Environmental Finance Authority, so as to provide for participation by the division in certain local water reservoir, facilities, and systems projects; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to local government public works bidding, is amended by adding a new article as follows:

"ARTICLE 4

36-91-100. As used in this article, the term:
(1) 'Affected local government' means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services from such project, or which, under a service delivery agreement entered into pursuant to Article 2 of Chapter 70 of Title 36, provides or is authorized to provide within an area water facilities or services similar to water facilities and services proposed to be provided by a project in such area.

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(2) 'Lead local authority' means the sole local governing authority or local authority participating in a project or the local governing authority or local authority designated pursuant to subsection (b) of Code Section 36-91-102. (3) 'Local authority' means any local water authority created by Act of the General Assembly, any authority created pursuant to the provisions of Chapter 62 of Title 36, and any authority created by a county, municipality, or consolidated government which provides water, sewer, or waste-water treatment services. (4) 'Local governing authority' means any county, municipality, or consolidated government. (5) 'Project' has the meaning provided by paragraph (10) of Code Section 12-5-471 and includes environmental facilities as defined in subparagraph (B) of paragraph (5) of Code Section 50-23-4.

36-91-101. (a) Local governing authorities and local authorities shall be authorized to enter into contracts provided for by this article with private persons, firms, associations, or corporations providing for or delegating the responsibility for procuring all permits, licenses, and permissions 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 of this state as necessary or required for the purpose of constructing projects within this state, and to plan, finance, construct, acquire, lease, operate, or maintain such projects or cause such projects to be planned, financed, constructed, acquired, leased, operated, or maintained. Such contracts may provide for the reimbursement to the private person, firm, association, or corporation of costs and expenses associated with the execution thereof through service payments, user fees, purchase payments, and such other consideration as the local governing authority or local authority may deem appropriate. Such contracts may provide for the assumption by such local governing authority or local authority of such projects, permits, licenses, and permissions at such times as appropriate for the construction of the project or as otherwise agreed upon. (b) A local governing authority or local authority may take any action to obtain federal, state, or local assistance for a project that serves the public purpose of this article and may enter into any contracts required to receive such assistance. A local governing authority or local authority may determine that it serves the public purpose of this article for all or any portion of the costs of a project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. A local governing authority or local authority may agree to make grants or loans to the operator of a project from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (c) Nothing in this article shall be construed to delegate the power of eminent domain to any private entity with respect to any project commenced or proposed pursuant to this article. Any local governing authority may exercise the power of eminent domain in the

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manner provided by law for the purpose of acquiring any property or interests therein to the extent that such action serves the public purpose of this article.

36-91-102. (a) In addition to other methods of procurement authorized by law, local governing authorities and local authorities shall be authorized to utilize the procedures of this article to provide for the planning, finance, construction, acquisition, leasing, operation, and maintenance of projects. The provisions of this article shall be an alternative to such other methods to be exercised at the option of each local governing authority or local authority. (b) After identifying or being informed of any project that may be suitable for utilization of the procedures of this article, one or more local governing authorities and local authorities may participate in consideration and implementation of a project. Where more than one local governing authority or local authority agrees to participate in consideration or implementation of a project, the participants shall designate one of their number to be the lead local authority for purposes of implementing the procedures of this article; provided, however, that not less than one representative of each such participating local governing authority or local authority, as agreed to by such local governing authorities or local authorities, shall have the right to participate in all aspects of such implementation.
(c)(1) The lead local authority shall evaluate a project to determine, in the judgment of the lead local authority, appropriate or desirable levels of state, local, and private participation in financing, constructing, and operating such project. In making such determinations, the lead local authority shall seek the advice and input of affected local governments and is encouraged to seek the advice and input of the Water Supply Division of the Georgia Environmental Finance Authority, affected local governing authorities, applicable planning organizations, and the private financial and construction sectors. (2) The lead local authority shall be authorized to issue a written request for proposals indicating the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposals as well as the relative importance of the evaluation factors, and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on the websites of each participating local governing authority and local authority in substantially the same manner utilized by such authority to solicit requests for proposals, with a copy of such notice provided simultaneously to each affected local government. (3) Upon receipt of a proposal or proposals responsive to the request for proposals, the lead local authority shall accept written public comment, solicited in the same manner as provided for notice of proposals, for a period of 30 days beginning at least ten days after the date set for receipt of proposals. In addition, the lead local authority shall hold at least one public hearing on such proposals within the jurisdiction of each participating

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local governing authority, participating local authority, or affected local government not later than the conclusion of the period for public comment.
(4)(A) The lead local authority, acting by and through a designated representative appointed for such purposes, and with the participation of any designated representatives of other participating local governing authorities or local authorities, shall engage in individual discussions with each respondent deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation called for by the local governing authority. Repetitive informal interviews shall be permissible. Any affected local governments shall receive ten days notice of any such individual discussions and interviews and may participate through an appointed representative. In the event that the Georgia Environmental Finance Authority or any other state authority or agency agrees to consider or participate in the project, a representative of such authority or agency appointed by such authority or agency may participate in such discussions and interviews. (B) At the discussion stage, the representatives may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Discussions conducted with respondents pursuant to this subparagraph shall not be public meetings subject to the provisions of Chapter 14 of Title 50. Proprietary information or trade secrets may be designated by a respondent as subject to one or more exemptions from public disclosure pursuant to the provisions of Code Section 50-18-72, but such designation shall not be binding on the participating local governing authorities, local authorities, and affected local governments unless consistent with applicable law.
(C)(i) At the conclusion of the discussion stage, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process, the designated representative, with the input of the representatives of any other participating entity and in an open and public meeting subject to the provisions of Chapter 14 of Title 50, shall select in the order of preference one or more respondents whose qualifications and proposed services are deemed most meritorious. (ii) Negotiations shall then be conducted by the designated representative with the selected respondents. A representative of any participating local governing authority, participating local authority, and participating state agency or authority shall have the right to notice of and participation in such negotiations. Negotiations conducted with selected respondents pursuant to this division shall not be public meetings subject to the provisions of Chapter 14 of Title 50. (D) The designated representative shall select for approval by the lead local authority the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the participating local governing authorities and local authorities based upon a thorough assessment of value and the ability of the final project's characteristics to meet the goals of the participating local governing authorities

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and local authorities, consistent with applicable state-wide and regional water plans and local comprehensive plans. Before making such selection, the designated representative shall consult in an open and public meeting subject to the provisions of Chapter 14 of Title 50 with the representatives of any participating local governing authority, participating local authority, participating state agency or authority, and affected local government. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the lead local authority may award contracts to more than one respondent. Should the lead local authority determine in writing that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent. (E) Upon approval of the selection by the lead local authority, a contract or contracts not exceeding 50 years in duration may be entered into with the selected respondents on behalf of all participating entities, subject to approval by each such participating entity and by each affected local government. (5) A dispute over the award of a contract under this article shall be resolved by the filing of a petition in the superior court of the county in which the lead local authority is located within 30 days of the awarding of such contract and shall be determined through the use of a special master appointed by the judge of the superior court of the county in which the lead local authority is located. The decision of the special master with regard to such dispute shall be appealable for a de novo review to the superior court of the county in which the lead local authority is located within 30 days following the decision of the special master. Neither the special master nor the superior court shall be authorized to enjoin or otherwise delay or suspend the execution of the contract and any work to be performed under such contract. (6) Nothing in this Code section shall require the designated representatives, the lead local authority, or any local governing authority, local authority, or state agency or authority to continue negotiations or discussions arising out of any request for proposal. (7) Every local governing authority and local authority shall be authorized to promulgate reasonable rules or regulations to assist in its evaluation of proposals and to implement the purposes of this article. (d) No public officer, employee, or member of a local governing authority or local authority, with respect to contracts of such local governing authority or local authority, or the General Assembly shall serve as an agent, lobbyist, or board member for any private entity directly or indirectly under a contract or negotiating a contract provided for by this article for three years after leaving his or her position as a public officer, employee, or member of the local governing authority, local authority, or the General Assembly."

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SECTION 2. Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Water Supply Division of the Georgia Environmental Finance Authority, is amended by adding a new Code Section as follows:
"50-23-28.2. (a) Those definitions made applicable to Article 4 of Chapter 91 of Title 36 by Code Section 36-91-100 shall be applicable to this Code section. (b) The division may evaluate any project to determine, in the judgment of the division, appropriate or desirable levels of state or private participation in such project. In identifying any such project and making such determination, the division shall seek the advice and input of the affected local governments and shall be authorized to seek and receive advice and input from local authorities and the private financial and construction sectors. The division may also propose projects to local governing authorities and local authorities as appropriate for the procedures of Article 4 of Chapter 91 of Title 36. The division shall be authorized to consult with local governing authorities and local authorities regarding its conclusions with respect to projects subject to this subsection. (c) Local governing authorities and local authorities participating in the consideration of a project may, by mutual consent, request in writing that the division participate in the project in any capacity authorized by law, pursuant to the provisions of paragraph (7) of subsection (b) of Code Section 50-23-5 and Code Section 50-23-6. The participating local governments and local authorities may request in writing that the division serve as the lead local authority for such project, and if the division accedes to such request, the division shall assume all of the duties and responsibilities of the lead local authority pursuant to the provisions of Article 4 of Chapter 91 of Title 36, for itself and on behalf of such local governing authorities and local authorities, subject to the conditions and limitations of such article. (d) In addition to the conditions and limitations of Article 4 of Chapter 91 of Title 36, the following shall be applicable to the division when acting pursuant to this Code section:
(1) Public notice of any request for proposals shall be made at least 90 days prior to the date set for receipt of proposals by posting a legal notice on the website of the Department of Administrative Services; (2) The designated representative of the lead local authority, when the division is such lead local authority, shall be the director; (3) No contract awarded under this subsection shall be operative until the governing authority of each participating local governing authority and local authority and each affected local government has approved the contract; (4) For any project for which participation or a lead local authority role is determined by the division to be feasible and appropriate, the division may perform management, technical, consultative, training, educational, and other project development and promotion activities, subject to availability of funds from the Georgia Reservoir Fund established by Code Section 50-23-28, approval by the executive director of the authority,

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and the requirement that the fund be fully compensated by any private owner of the project for such expenditures; and (5) Any project financed or constructed in whole or in part by the division shall be subject to environmental and development restrictions imposed on projects of the division by law. (e) In discharging its duties and responsibilities under this Code section, the division: (1) Shall to the maximum extent feasible expedite the issuance of the permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county, municipality, consolidated government, or local agency or authority of this state necessary and convenient for the purposes of this article; (2) May enter into lease, use, or water supply agreements with the owner or operator of any project or water facility; (3) May lease to an owner or operator of a project any state-owned facilities or property which the division is managing in connection with a project; (4) May utilize the competitive bidding and competitive sealed proposal procedures adopted by the Department of Administrative Services under Code Section 50-5-67 and regulations promulgated pursuant to the authority thereof; and (5) May enter into agreements with local governing authorities, local authorities, or an owner or operator or proposed operator of a project, setting fees to be paid to the division or the Department of Natural Resources for the purpose of enabling the division or the Department of Natural Resources to expedite or enhance the state or federal regulatory process. (f) The director shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of state projects and contracts provided for in this article shall be by action of the director. (g) Nothing in this Code section shall be construed to delegate the power of eminent domain to any private entity with respect to any project commenced or proposed pursuant to this Code section. The state and any local government may exercise the power of eminent domain in the manner provided by law for the purpose of acquiring any property or interests therein to the extent that such action serves the public purpose of this Code section. (h) All affected local governments which approve a project shall have agreed, by reason of such approval, to amend and to have amended, consistent with such approval, any service delivery strategy agreement required by Article 2 of Chapter 70 of Title 36 to which they are a party. (i)(1) With respect to contracts of such state agency or authority, no employee, officer, or member of any state agency or authority or board thereof shall serve as an employee, agent, lobbyist, or board member for any private entity directly or indirectly under

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contract with or negotiating a contract with any state agency or authority under this article for three years after leaving his or her position as such an employee, officer, or member. (2) No employee, officer, or member of the General Assembly shall serve as an employee, agent, lobbyist, or board member for any private entity directly or indirectly under contract with or negotiating a contract with any state agency or authority under this article for three years after leaving his or her position as such an employee, officer, or member. (3) With respect to contracts of such local governing authority or local authority, no employee, officer, or member of any local governing authority or local authority shall serve as an employee, agent, lobbyist, or board member for any private entity directly or indirectly under contract with or negotiating a contract with any state agency or authority under this article for three years after leaving his or her position as such an employee, officer, or member."

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

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

Approved May 2, 2011.

__________

COURTS CRIMES ELECTIONS MOTOR VEHICLES PUBLIC OFFICERS STATE GOVERNMENT JURY COMPOSITION REFORM ACT OF 2011; ZAPPER OR PHANTOM-WARE; PUBLIC RECORDS EXCLUSION FOR GOVERNMENTAL SECURITY.

No. 50 (House Bill No. 415).

AN ACT

To amend Titles 15, 16, 21, 40, 45, and 50 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, elections, motor vehicles and traffic, public officers and employees, and state government, respectively, so as to provide for a modernized and uniform system of compiling, creating, maintaining, and updating jury lists in this state; to provide for a short title; to provide for state-wide compilation and distribution of the

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state-wide master jury list by the Council of Superior Court Clerks of Georgia; to eliminate forced balancing of county jury pools by race, gender, and ethnicity for the purpose of complying with the United States and Georgia Constitutions and the Unified Appeal process; to modernize terminology in Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries; to remove nonmechanical procedures relative to selecting persons for jury service; to change eligibility requirements for grand jurors; to provide that the Council of Superior Court Clerks of Georgia assist county boards of jury commissioners with jury matters; to provide for the methodology for county boards of jury commissioners to obtain county master jury lists; to prohibit public disclosure of jury source lists except under certain circumstances; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 12 of Title 15 and correct cross-references; to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide for definitions; to provide that it shall be unlawful to willfully and knowingly sell, purchase, install, transfer, or possess in this state any automated sales suppression device or zapper or phantom-ware; to provide for penalties and civil remedies; to provide that such devices and software are contraband; to prohibit public disclosure for certain public records relating to governmental security measures and person involved in such issues; 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:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Jury Composition Reform Act of 2011."

SECTION 1-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (d) of Code Section 15-6-50.2, relating to the Council of Superior Court Clerks of Georgia, as follows:
"(d) The Council of Superior Court Clerks of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; shall establish, maintain, and revise the state-wide master jury list as provided in Chapter 12 of this title; shall distribute to the board of jury commissioners of each county the county master jury list as provided in Chapter 12 of this title; and shall have other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties."

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SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, by striking "and" at the end of paragraph (18), by striking the period and inserting "; and" at the end of paragraph (19), and by adding a new paragraph to read as follows:
"(20) To keep an automated, computer based jury management system that facilitates the maintenance of the county master jury list pursuant to the provisions of Chapter 12 of this title unless this duty is delegated to a jury clerk as provided in subsection (a) of Code Section 15-12-11 or subsection (b) of Code Section 15-12-23."

SECTION 1-4. Said title is further amended by revising Code Section 15-6-89, relating to additional remuneration for certain services, as follows:
"15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1.1 shall receive for his or her services in such other court a salary of not less than $323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."

SECTION 1-5. Said title is further amended by revising Code Section 15-12-1, relating to exemptions from jury duty, and by adding a new Code section to read as follows:
"15-12-1. As used in this chapter, the term:
(1) 'Array' means the body of persons subject to voir dire from which the final jury and alternate jurors are selected. (2) 'Choose' or 'chosen' means the act of randomly selecting potential jurors from the county master jury list in a manner that does not deliberately or systematically exclude identifiable and distinct groups from the venire. (3) 'Clerk' means the clerk of the superior court or a jury clerk if one is appointed pursuant to subsection (a) of Code Section 15-12-11 or subsection (b) of Code Section 15-12-23. (4) 'Council' means the Council of Superior Court Clerks of Georgia. (5) 'County master jury list' means a list compiled by the council of names of persons, including their addresses, city of residence, dates of birth, and gender, eligible for jury service.

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(6) 'Defer' means a postponement of a person's jury service until a later date. (7) 'Excuse' means the grant of a person's request for temporary exemption from jury service. (8) 'Inactivate' means removing a person's name and identifying information who has been identified on the county master jury list as a person who is permanently prevented from being chosen as a trial or grand juror because such person is statutorily ineligible or incompetent to serve as a juror. (9) 'Jury commissioner' means a member of a county board of jury commissioners. (10) 'State-wide master jury list' means a comprehensive master list that identifies every person of this state who can be determined to be prima facie qualified to serve as a juror. (11) 'Venire' means the list of persons summoned to serve as jurors for a particular term of court.

15-12-1.1. (a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may have his or her jury service deferred or excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. It shall be the duty of the court to provide affidavits for the purpose of requesting a deferral of or excusal from jury service pursuant to this subsection. (2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty. (3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child six years of age or younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child six years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. (4) Notwithstanding paragraph (1) of this subsection, any person who is a primary teacher in a home study program as defined in subsection (c) of Code Section 20-2-690 who, during the period of time the person is teaching, requests to be excused or deferred from jury duty and executes an affidavit on a form provided by the court stating that such person is the primary teacher in a home study program and stating that such person has

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no reasonably available alternative for the child or children in the home study program shall be excused or deferred from jury duty. (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 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. (b) Any person who is 70 years of age or older shall be entitled to request that the clerk excuse such person from jury service in the county. Upon such request, the board of jury commissioners shall inactivate such person. The request for excusal shall be made to the board or clerk in writing and shall be accompanied by an affidavit providing the person's name, age, and such other information as the board may require. The board of jury commissioners of each county shall make available affidavit forms for the purposes of this subsection. (c)(1) As used in this subsection, the term:
(A) 'Ordered military duty' means any military duty performed in the service of the state or of the United States, including, but not limited to, attendance at any service school or schools conducted by the armed forces of the United States which requires a service member to be at least 50 miles from his or her home. (B) 'Service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer. (2) Any service member on ordered military duty or the spouse of any such service member who requests to be excused or deferred shall be excused or deferred from jury duty upon presentation of a copy of a valid military identification card and execution of an affidavit in the form required by the court for deferral or excusal under this paragraph. (d) The court shall notify the clerk of its excuse or deferment of a person's jury service."

SECTION 1-6. Said title is further amended by revising Code Section 15-12-3, relating to terms of service on jury, as follows:
"15-12-3. No person shall be compellable to serve on the grand or trial jury of the superior court or on any jury in other courts for more than four weeks in any year. No person shall be allowed to serve on the trial jury of the superior court or on any jury in other courts for

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more than four weeks in any one year unless he or she is actually engaged in the trial of a case when the four weeks expire, in which case he or she shall be discharged as soon as the case is decided."

SECTION 1-7. Said title is further amended by revising Code Section 15-12-4, relating to ineligibility of juror to serve at next succeeding term of court, as follows:
"15-12-4. (a) Any person who has served as a juror at any session of the superior or state courts shall be ineligible for duty as a juror at the next succeeding term of the court in which such person has previously served but shall be eligible to serve at the next succeeding term of court for a different level of court. (b) In addition to any other qualifications provided under this chapter, no person shall be qualified to serve as a juror under this chapter unless that person is a citizen of the United States."

SECTION 1-8. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 15-12-7, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury, as follows:
"(2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located; and"

SECTION 1-9. Said title is further amended by revising Code Section 15-12-9, relating to expense allowance of jurors who appear but are not sworn, as follows:
"15-12-9. The persons who appear in answer to the summons for trial or grand jury service shall receive the expense allowance for the day of their appearance even if they are not sworn as jurors."

SECTION 1-10. Said title is further amended by revising Code Section 15-12-10, relating to juror's failure to appear, as follows:
"15-12-10. If any person is duly summoned to appear as a juror at court and neglects or refuses to appear, or if any juror absents himself or herself without leave of the court, said neglect, refusal, or absence may, after notice and hearing, be punished as contempt of court."

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SECTION 1-11. Said title is further amended by revising Code Section 15-12-11, relating to appointment of court personnel in certain counties, as follows:
"15-12-11. (a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges. (b) Prospective jurors in all counties may be required to answer written questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. In propounding the court's questions, the court may consider the suggestions of counsel. In the court's questionnaire and during voir dire examination, judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process. (c) Juror questionnaires shall be confidential and shall be exempt from public disclosure pursuant to Code Section 50-18-70; provided, however, that jury questionnaires shall be provided to the court and to the parties at any stage of the proceedings, including pretrial, trial, appellate, or post-conviction proceedings, and shall be made a part of the record under seal. The information disclosed to a party pursuant to this subsection shall only be used by the parties for purposes of pursuing a claim, defense, or other issue in the case. (d) In the event any prospective juror fails or refuses to answer the questionnaire, the clerk shall report the failure or refusal to the court together with the facts concerning the same, and the court shall have such jurisdiction as is provided by law for subpoena, attachment, and contempt powers. (e) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of justice."

SECTION 1-12. Said title is further amended by revising Code Section 15-12-20, relating to the board of jury commissioners, as follows:
"15-12-20. (a) In each county, there shall be a six-member board of jury commissioners appointed by the chief judge of the superior court. The members of such board shall be discreet persons who are not practicing attorneys at law or county officers.

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(b) The first appointments to the board shall be fixed in such a manner that not more than two members' terms shall expire during any calendar year. The chief judge shall adjust the composition and terms of members of the board in office if more than two members' terms expire during any calendar year. Successors to members of the board originally appointed shall be appointed for a term of six years. No person who has served for more than three years as a jury commissioner shall be eligible or shall be appointed to succeed himself or herself as a member of the board of jury commissioners. (c) The chief judge shall have the authority to remove jury commissioners at any time and appoint successors."

SECTION 1-13. Said title is further amended by revising subsection (b) of Code Section 15-12-23, relating to the clerk of board of jury commissioners, as follows:
"(b)(1) In all counties of this state where the chief superior court judge of the county had the power to appoint a jury clerk on January 1, 2011, the chief judge of the superior court of such counties shall continue to have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to these positions and the compensation therefor shall be determined by said judge without regard to any other system or rules, said personnel to serve at the pleasure of said judge, and the salaries and expenses thereof, and any attendant expense of administration of the courts are determined to be contingent expense of court, and shall be paid as provided by law for the payment of contingent expenses. The duties of said personnel shall be as prescribed by said judge. (2) All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by said chief judge of such counties concerning their qualifications as jurors. (3) In the event any such person fails or refuses to answer such questionnaire, the clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. (4) This subsection shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice."

SECTION 1-14. Said title is further amended by revising Code Section 15-12-24, relating to compensation of jury commissioners and clerk, as follows:
"15-12-24. Jury commissioners shall receive $50.00 per diem for revising the county master jury lists, to be paid from funds from the county treasury. The clerk shall receive $50.00 to be paid in like manner. The chief judge of the superior court of the judicial circuit in which the

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county lies shall have the right, subject to the approval of the governing authority of the county, to increase the compensation provided by this Code section for the jury commissioners and clerk in an amount not exceeding $100.00 per diem, to be paid in like manner."

SECTION 1-15. Said title is further amended by revising Code Section 15-12-40, relating to compilation, maintenance, and revision of jury list, as follows:
"15-12-40. (a) Nonmechanical procedure.
(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2002, the board of jury commissioners shall make use of all of the following:
(A) A list of all residents of the county who are the holders of drivers' licenses or personal identification cards issued by the Department of Driver Services pursuant to the provisions of Chapter 5 of Title 40; and the Department of Driver Services shall periodically make such a list available to the board of jury commissioners of each county; (B) The registered voters list in the county; and (C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners. The Department of Driver Services shall provide a list, which includes the name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of jury commissioners of each county. No jury list compiled prior to July 1, 2002, shall be rendered invalid by the use of or a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners. (2) The grand jury list shall not exceed two-fifths of the number of citizens on the county's most recent trial jury list. (3) Once filed, the lists so created shall constitute the body of trial and grand jurors for the county, respectively. Except as otherwise provided in this article, no new names shall

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be added to either list until those names originally selected have been completely exhausted or until a revised list has been properly created. (b) Mechanical or electronic procedure. (1) In any county using a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a trial jury list and a grand jury list in conformance with paragraph (1) of subsection (a) of this Code section. (2) Once the trial or grand jury lists, or both, are established, the board of jury commissioners may revise such lists from time to time by adding new names to the lists, correcting names and other data on the lists, and deleting names from the lists by reason of death or other legal cause. (3) The trial jury box for the county shall be taken from the trial jury list established by the board of jury commissioners, and the grand jury box for the county shall be taken from the grand jury list established by the board of jury commissioners. The information contained in the trial and grand jury boxes shall be stored in a security data processing storage bank from which all trial or grand juries in the county shall be selected as provided in the plan adopted pursuant to Code Section 15-12-42. (4) The number of citizens in the grand jury box shall be established by the board of jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, but not to exceed 5,000 grand jurors. (5) At each selection of trial or grand jurors, the computer shall be programmed to scan the entire appropriate jury box under the formula and plan adopted by the court pursuant to Code Section 15-12-42. (6) In any county utilizing a plan for the selection of persons for the trial and grand jury boxes by mechanical or electronic means in conformance with paragraph (4) of subsection (b) of Code Section 15-12-42, the trial or grand jury box for the county may be compiled from the trial or grand jury list of the county by mechanical or electronic means as provided for in the plan. (c) Other disposition or transfer. In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government other than persons who reside on property of the United States government within such county who are registered voters according to the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials and any persons who reside on property of the United States government within such county who are not registered voters and who have requested in writing to the board of jury commissioners that their names be

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included on the list from which citizens are selected to serve as jurors and grand jurors by the board of jury commissioners. (d) Assistance of the Administrative Office of the Courts.
(1) The Administrative Office of the Courts may assist the clerk by providing a list of county citizens who the Administrative Office of the Courts certifies are prima facie eligible persons for consideration as jurors on the traverse and grand jury pools. (2) The Department of Driver Services shall provide the Administrative Office of the Courts the list required by subparagraph (a)(1)(A) of this Code section and the information set forth in the undesignated text of paragraph (1) of subsection (a) of this Code section. (3) The Secretary of State shall provide the Administrative Office of the Courts the list of registered voters and list of convicted felons. (e) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-16. Said title is further amended by revising Code Section 15-12-40.1, relating to the requirement of United States citizenship, as follows:
"15-12-40.1. (a) Beginning on and after July 1, 2011, the council shall compile a state-wide master jury list. The council shall facilitate updating of all information relative to jurors on the state-wide master jury list and county master jury lists.
(b) Beginning on and after July 1, 2011, upon the council's request, the Department of Driver Services shall provide the council and the Administrative Office of the Courts a list, which includes the name, address, city of residence, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information. The Department of Driver Services shall also provide the address, effective date, document issue date, and document expiration date; shall indicate whether the document is a driver's license or a personal identification card; and shall exclude persons whose driver's license has been suspended or revoked due to a felony conviction. Such lists shall be in electronic format as required by the council. (c) Beginning on and after July 1, 2011, upon request by the council, the Secretary of State shall provide to the council and the Administrative Office of the Courts, without cost, the list of registered voters, including the voter's date of birth, gender, race, social security number, driver's license number, and when it is available, the voter's ethnicity. It shall also be the duty of the Secretary of State to provide the council and the Administrative Office of the Courts, in electronic format, with a copy of the lists of persons:
(1) Who have been convicted of felonies in state or federal courts who have not had their civil rights restored or who have been declared mentally incompetent; and

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(2) Whose voting rights have been removed which are provided to the county board of registrars by the Secretary of State pursuant to Code Section 21-2-231. (d) On and after July 1, 2012, each county's board of jury commissioners shall obtain its county master jury list from the council. The council shall disseminate, in electronic format, a county master jury list to the respective counties' boards of jury commissioners once each calendar year. The council shall determine the fee to be assessed each county board of jury commissioners for such list, provided that such fee shall not exceed 3 per name on the list. The council shall invoice each county board of jury commissioners upon the delivery of the county master jury list, and the county board of jury commissioners shall remit payment within 30 days of the invoice. (e) On and after July 1, 2012, in each county, upon court order, the clerk shall choose a random list of persons from the county master jury list to comprise the venire."

SECTION 1-17. Said title is further amended by revising Code Section 15-12-40.2, relating to the list of convicted felons and mentally ill provided to the board of jury commissioners, as follows:
"15-12-40.2. It shall be the duty of the county board of registrars to provide the board of jury commissioners with a copy of the lists of persons who have been convicted of felonies in state or federal courts or who have been declared mentally incompetent and whose voting rights have been removed, which lists are provided to the county board of registrars by the Secretary of State pursuant to Code Section 21-2-231. Upon receipt of such list, it shall be the duty of the board of jury commissioners to remove such names from the trial and grand jury lists and to mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-18. Said title is further amended by revising Code Section 15-12-41, relating to order of revision of jury list, as follows:
"15-12-41. On failure of the commissioners of any county to revise the jury list as provided in Code Section 15-12-40, the judge of the superior court of the county shall order the revision made at such time as he or she may direct. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-19. Said title is further amended by revising Code Section 15-12-42, relating to selection of jurors, as follows:
"15-12-42. (a) Nonmechanical procedure.

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(1) The jury commissioners shall place tickets containing all the names of grand jurors in a box to be provided at public expense, which box shall contain compartments marked number 'one' and number 'two,' from which grand jurors shall be drawn; the commissioners shall place the tickets containing all the names of trial jurors in a separate box from which trial jurors shall be drawn, the box having two separate compartments similar in design to the grand jurors' box. The tickets with the jurors' names shall be placed in compartment number 'one.' When each ticket is drawn and the name thereon is recorded on the proper form or list, the ticket so drawn shall be placed in compartment number 'two.' Only when all the tickets have been drawn from compartment number 'one' may the process of drawing jurors' names from compartment number 'two' begin, and then only when all the tickets have been drawn from compartment number 'two' may the process of drawing jurors' names from compartment number 'one' begin again. (2) There shall only be one trial jury box for each county, that being the trial jury box prepared for the use of the superior court of each county. (3) All trial jurors' names for use in any court in the county shall be drawn from the one trial jury box. The judge of any court shall draw the jurors' names as the need for the services of jurors shall arise in his or her court. The judge of any court held outside of the county courthouse using the trial jury box shall draw his or her juries in the courthouse and in the presence of the clerk or a deputy clerk of the superior court. (b) Mechanical or electronic procedure. (1) In lieu of the procedure set forth in subsection (a) of this Code section, the chief judge of the superior court in any county having facilities available for the implementation of this subsection, with the concurrence of the other judge or judges of the superior court, may establish a plan for the selection of persons to serve as jurors in such county by mechanical or electronic means. The plan shall be established by a duly published and filed rule of the court. The clerk shall implement and maintain the jury selection process established by the plan. (2) The plan:
(A) Shall provide for a fair, impartial, and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment, using the jury boxes compiled in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation, handling, maintenance, processing, and storage of magnetic tapes, data banks, and other materials and records used in the selection process; (C) Shall contain such other regulations and guidelines as are necessary to fully implement this subsection and to facilitate the use of the plan for the selection of persons for jury service by all of the courts in such county; and (D) May be amended from time to time as necessary to keep the entire jury selection process updated. (3) In any county in which a plan has been established under this subsection such plan shall conform as nearly as practicable to paragraphs (2) and (3) of subsection (a) of this

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Code section. However, where the computer data storage cell is used as the jury box, the provisions contained in such paragraphs shall not apply. (4) In any county having facilities available for the implementation of this subsection, the chief judge of the superior court, with the concurrence of the other judge or judges of the superior court, may establish a plan by a duly published and filed rule of court for the trial and grand jury boxes for the county to be taken from the trial or grand jury lists established by the board of jury commissioners by mechanical or electronic procedures. Such plan:
(A) Shall provide for a fair, impartial, and objective method of selecting persons for inclusion in the trial or grand jury box with the aid of mechanical or electronic equipment and for a system of allowing jurors the greatest opportunity to serve, using the jury lists compiled by the board of jury commissioners in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation, handling, maintenance, processing, and storage of magnetic tapes, data banks, and other materials and records used in the process of composing and maintaining the trial and grand jury boxes; (C) Shall contain such other regulations and guidelines as are necessary to fully implement this subsection; and (D) May be amended from time to time as necessary to keep the trial and grand jury box composition process updated. (c) Contract for mechanical or electronic juror selection. A county utilizing mechanical or electronic means for the selection of jurors may, under proper court rule, contract for the drawing of their respective trial and grand jurors with any entity with which a county may contract under Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution and with any private business or entity within this state, but any such contract shall ensure that proper safeguards are maintained as provided in paragraph (2) of subsection (b) of this Code section. The drawing may be held outside of the county so contracting by a judge of the circuit or his or her designee upon proper posting and advertising in the county legal organ of the rule of court allowing this service to be performed for the county. (d) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-20. Said title is further amended by revising Code Section 15-12-43, relating to jury list book or computer printout, as follows:
"15-12-43. (a) The clerk shall make out, in a book, lists of the names contained in the grand jury box and in the trial jury box, respectively, alphabetically arranged, and shall place the book in his or her office after the lists therein have been certified by the clerk and commissioners to contain, respectively, all the names placed in the jury boxes.

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(b) In counties utilizing mechanical or electronic means for the selection of trial and grand jurors, a computer printout, alphabetically arranged, shall constitute the official jury list. The clerk shall bind such list after it has been certified by the clerk and the jury commissioners to contain, respectively, all of the names in the electronic data cell comprising the jury boxes. (c) Each time the jury box is updated by the board of jury commissioners, an amended list shall be made out by the clerk showing all changes contained in the subsequent list. (d) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-21. Said title is further amended by adding a new Code section to read as follows:
"15-12-43.1. On and after July 1, 2012, upon the request of a party or his or her attorney, the clerk shall make available for review by such persons the county master jury list."

SECTION 1-22. Said title is further amended by revising Code Section 15-12-44, relating to procedures on loss or destruction of jury box or jury list, as follows:
"15-12-44. (a) Nonmechanical procedure. When the jury list and jury box, or either, are lost or destroyed between the time of drawing juries and the beginning of the term for which the drawing was made, or before the service of the precepts on the persons named therein, the chief judge of the circuit in which such loss or destruction occurs, immediately on being informed thereof, shall issue an order to the jury commissioners of the county to meet at the county site and prepare a list of citizens eligible to serve as jurors under the Constitution of the state, which list shall contain the names of not less than two-thirds of the upright and intelligent citizens of the county. From this list the commissioners shall select a sufficient number, not exceeding two-fifths of the whole, taking for this purpose the names of the most experienced, intelligent, and upright citizens, and, from the list so selected, shall at once proceed to draw 30 names of persons to serve as grand jurors at the next term of the court. From the remaining three-fifths of the names on the list, the commissioners shall then proceed to draw, in the same manner, not less than 36 to serve as trial jurors at the next term of the court. When the drawings have been completed, the commissioners shall immediately make out and deliver to the clerk correct lists of the grand and trial jurors so drawn, and the clerk shall at once deliver to the sheriff, or to the coroner in case the sheriff shall be disqualified, proper precepts containing the names of the persons drawn to serve as grand and trial jurors, respectively, to be served personally, as required by law. The persons so drawn and served, if otherwise eligible, shall be competent to serve as jurors during the term for which they were drawn, without regard to the time of the preparation of the list, the drawing of the jurors, or the date of the service of the venire on the persons whose names are contained therein.

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(b) Mechanical or electronic procedure. In counties utilizing mechanical or electronic means for the selection of jurors, all the information contained on the jury lists and in the jury box shall be recorded on microfilm and stored in the vault by the clerk. In the event the information in the storage cell is destroyed or otherwise lost, the microfilm shall be used to reprogram the computer and to create a new storage cell. (c) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-23. Said title is further amended by adding a new Code section to read as follows:
"15-12-44.1. The state-wide master jury lists and county master jury lists shall be safeguarded against catastrophic, routine, or any other form of loss or destruction, and on and after July 1, 2012, the council shall develop, implement, and provide a state-wide system to ensure that jury data for all counties of this state shall be systematically preserved in perpetuity and that all jury list data can be restored in the event of loss."

SECTION 1-24. Said title is further amended by revising Code Section 15-12-45, relating to loss or destruction of precepts, as follows:
"15-12-45. (a) In case the precepts containing the names of grand and trial jurors drawn for any term of the court, or either of such precepts, are lost or destroyed before the persons named in them, or in either of them, have been served and there is no record or official list of the names contained in the original precepts so lost or destroyed, the jury commissioners of the county shall meet immediately on being informed of such loss or destruction and shall draw and deliver to the clerk lists of the jurors so drawn. The clerk shall forthwith prepare and deliver to the proper officer new precepts to be served personally. The persons so drawn, listed, and served, if otherwise competent under the Constitution of this state, shall be competent and compellable to serve as jurors for the term for which they were drawn, without regard to the date of the drawing and delivering of the lists to the clerk or the date of the issuing or service of the precepts. (b) In counties utilizing mechanical or electronic means for the selection of jurors, subsection (b) of Code Section 15-12-44 shall be applied in the event the precepts described in subsection (a) of this Code section are lost or destroyed prior to service on the persons named therein. (c) This Code section shall stand repealed and reserved on July 1, 2012."

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SECTION 1-25. Said title is further amended by revising Code Section 15-12-46, relating to adjournment of term pending drawing of jurors, as follows:
"15-12-46. If juries have not been chosen for any regular term of the superior court and there is not sufficient time for choosing and summoning prospective jurors to serve at the regular term, the judge of the superior court for the county in which the failure has occurred, by order passed at chambers, may adjourn the court to another day, may require the requisite number of prospective grand and trial jurors to be summoned, and may enforce their attendance at the term so called."

SECTION 1-26. Said title is further amended by revising Code Section 15-12-60, relating to qualifications of grand jurors, as follows:
"15-12-60. (a) Except as provided in subsection (b) of this Code section, all citizens of this state 18 years of age or older who are not incompetent because of mental illness or mental retardation and who have resided in the county for at least six months preceding the time of service shall be qualified and liable to serve as grand jurors unless otherwise exempted by law. (b) The following persons shall not be eligible to serve as grand jurors:
(1) Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror; and (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored."

SECTION 1-27. Said title is further amended by revising subsection (b) of Code Section 15-12-61, relating to number of grand jurors, as follows:
"(b) The grand jury shall be authorized to request the foreperson of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreperson of the immediately preceding grand jury shall receive the same compensation as other members of the grand jury. Any person serving as foreperson of a grand jury and then requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror for one year following the conclusion of such earlier service."

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SECTION 1-28. Said title is further amended by revising Code Section 15-12-62, relating to selection of grand jurors, as follows:
"15-12-62. (a) The judges of the superior courts, at the close of each term, in open court, shall unlock the box and break the seal and shall cause to be drawn from compartment number 'one' not less than 18 nor more than 75 names to serve as grand jurors at the next term of the court, all of which names shall be deposited in compartment number 'two.' When all the names have been drawn out of compartment number 'one,' then the drawing shall commence from compartment number 'two,' and the tickets shall be returned to number 'one,' and so on alternately. No name so deposited in the box shall, on any pretense whatever, be thrown out of it or destroyed except when it is satisfactorily shown to the judge that the juror is dead, removed out of the county, or otherwise disqualified by law. (b) In those counties utilizing mechanical or electronic means for the selection of jurors, subsection (a) of this Code section shall not apply. Rather, the judges of the superior court shall draw a grand jury from the 'electronic jury box' in the same manner and under the same plan that trial juries are drawn. They shall draw not less than 18 nor more than 75 names to serve as grand jurors at the next term of court. (c) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-29. Said title is further amended by adding a new Code section to read as follows:
"15-12-62.1. On and after July 1, 2012, the clerk shall choose a sufficient number of persons to serve as grand jurors. The clerk, not less than 20 days before the commencement of each term of court at which a regular grand jury is impaneled, shall issue summonses by mail to the persons chosen for grand jury service. The clerk shall choose grand jurors in the manner specified by and in accordance with the rules adopted by the Supreme Court."

SECTION 1-30. Said title is further amended by revising Code Section 15-12-63, relating to separate drawings for each week authorized, as follows:
"15-12-63. When the superior court is held for longer than one week, the presiding judge may direct the clerk to choose separate grand juries for each week."

SECTION 1-31. Said title is further amended by revising Code Section 15-12-64, relating to procedure where judge has failed to draw grand jury, as follows:

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"15-12-64. Whenever from any cause the judge fails to draw a grand jury as provided in Code Section 15-12-62, the judge of the probate court of the county in which such failure occurred, together with the jury commissioners and the clerk, shall meet at the courthouse at least 20 days prior to the next ensuing term of the court, whether such term is a regular or special term, and then and there shall draw grand jurors to serve at that term, which proceedings shall be duly entered by the clerk on the minutes of the court and shall be signed by the judge of the probate court. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-32. Said title is further amended by revising Code Section 15-12-65, relating to service of summons, as follows:
"15-12-65. (a) Counties utilizing nonmechanical selection procedures. Within 30 days after the grand jurors have been drawn by a judge of the superior court or within five days after they have been drawn by the judge of the probate court and the commissioners as provided in Code Section 15-12-64, the clerk shall issue and deliver to the sheriff or his or her deputy a precept containing the names of the persons drawn as grand jurors. Upon the receipt of the precept, the sheriff or his or her deputy shall cause the persons whose names are therein written to be served personally or by leaving the summons at their most notorious places of residence at least ten days prior to the term of the court the jurors were drawn to attend; provided, however, the sheriff may, in his or her discretion, serve the persons whose names appear on the precept by sending the summons by certified United States mail or statutory overnight delivery, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Failure to receive the notice personally shall be a defense to a contempt citation. (b) Counties utilizing mechanical or electronic selection procedures. In those counties utilizing mechanical or electronic means for the selection of jurors, the sheriff of the county may authorize the clerk in writing to mail all summonses by first-class mail addressed to the jurors' most notorious places of abode at least 25 days prior to the term of the court the jurors were drawn to attend. Failure to receive the notice personally shall be a defense to a contempt citation. This subsection shall in no way affect the provisions for drawing jurors and the service upon jurors by other courts in the county. (c) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-33. Said title is further amended by adding a new Code section to read as follows:
"15-12-65.1. On and after July 1, 2012, the clerk shall be authorized to mail all summonses by first-class mail addressed to the prospective jurors' most notorious places of abode at least 25 days

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prior to the date of the court the prospective jurors shall attend. Failure to receive the notice personally shall be a defense to a contempt citation."

SECTION 1-34. Said title is further amended by revising Code Section 15-12-66, relating to tales jurors, as follows:
"15-12-66. When from challenge or from any other cause there are not a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw tales jurors from the jury boxes of the county and shall order the sheriff to summon the jurors so drawn. When the sheriff or his or her deputy is disqualified to summon tales jurors, they may be summoned by the coroner or such other person as the judge may appoint. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-35. Said title is further amended by adding a new Code section to read as follows:
"15-12-66.1. On and after July 1, 2012, when from challenge or from any other cause there are not a sufficient number of persons in attendance to complete the panel of jurors, the clerk shall choose prospective trial jurors from the county master jury list and summon the jurors so chosen."

SECTION 1-36. Said title is further amended by revising subsections (a) and (d) of Code Section 15-12-82, relating to change of venue in criminal grand jury investigation, as follows:
"(a) The judges of the superior courts are authorized and empowered to transfer the investigation by a grand jury from the county where the crime was committed to the grand jury in any other county in this state when it appears that a qualified grand jury cannot be had for the purpose of such investigation in the county where the crime was committed. The county master jury list shall be exhausted in trying to secure a qualified jury before a transfer of the investigation shall be made, unless the accused consents to a transfer." "(d) The sheriff and the clerk of the county in which the crime was committed shall be qualified and authorized to perform the duties of such officers in the same manner as if there had been no change of venue. Any order or summons issued in connection with the investigation or trial shall be as binding as if no change of venue had been made."

SECTION 1-37. Said title is further amended by revising subsection (b) of Code Section 15-12-100, relating to the procedure for impaneling special grand jury, as follows:
"(b) Until July 1, 2012, the chief judge of the superior court of the county shall submit the question of impaneling a special grand jury to the judges of the superior court of the county

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and, if a majority of the total number of the judges vote in favor of impaneling a special grand jury, the members of a special grand jury shall be drawn in the manner prescribed by Code Section 15-12-62. On and after July 1, 2012, the chief judge of the superior court of the county shall submit the question of impaneling a special grand jury to the judges of the superior court of the county and, if a majority of the total number of the judges vote in favor of impaneling a special grand jury, the members of a special grand jury shall be chosen in the manner prescribed by Code Section 15-12-62.1. Any special grand jury shall consist of not less than 16 nor more than 23 persons. The foreperson of any special grand jury shall be selected in the manner prescribed by Code Section 15-12-67."

SECTION 1-38. Said title is further amended by revising Code Section 15-12-120, relating to selection and summoning of trial jurors, as follows:
"15-12-120. Trial juries shall be selected as provided in Code Sections 15-12-40 and 15-12-42. At the same time and in the same manner that grand juries are drawn, the judge of the superior court shall draw names to serve as trial jurors for the trial of civil and criminal cases in the court. Such trial jurors shall be summoned in the same manner as is provided in Code Section 15-12-65. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-39. Said title is further amended by adding a new Code section to read as follows:
"15-12-120.1. On and after July 1, 2012, trial juries shall be chosen from a county master jury list. The presiding judge shall order the clerk to choose the number of jurors necessary to conduct the business of the court. The clerk shall choose the names of persons to serve as trial jurors for the trial of civil and criminal cases in the court. Such trial jurors shall be summoned in the same manner as provided in Code Section 15-12-65.1."

SECTION 1-40. Said title is further amended by revising Code Section 15-12-121, relating to procedure where judge fails to draw jurors, as follows:
"15-12-121. Whenever the presiding judge of the superior court fails to draw juries at any regular term of the court, the jury commissioners may draw trial jurors at the same time and in the same manner as grand jurors are drawn in such cases. This Code section shall stand repealed and reserved on July 1, 2012."

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SECTION 1-41. Said title is further amended by revising Code Section 15-12-124, relating to tales jurors in civil actions, as follows:
"15-12-124. When from challenge or from any other cause there is not a sufficient number of persons in attendance to complete a panel of trial jurors, the judge shall draw tales jurors from the jury box of the county and shall order the sheriff to summon the jurors so drawn. When the sheriff or his or her deputy is disqualified to summon tales jurors, they may be summoned by the coroner or such other person as the judge may appoint after their names have first been drawn from the jury box by the judge as above provided. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-42. Said title is further amended by adding a new Code section to read as follows:
"15-12-124.1. On and after July 1, 2012, when from challenge or from any other cause there is not a sufficient number of persons in attendance to complete a panel of trial jurors, the clerk shall choose and cause to be summoned additional prospective trial jurors."

SECTION 1-43. Said title is further amended by revising Code Section 15-12-125, relating to demand of jury panels for misdemeanor trials, as follows:
"15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused and the state shall each have the right to challenge three jurors peremptorily. The accused and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury."

SECTION 1-44. Said title is further amended by revising Code Section 15-12-126, relating to additional jurors in misdemeanor cases, as follows:
"15-12-126. When the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used

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as the regular panels are used. The presiding judge shall draw the additional competent and impartial jurors from the jury box of the county and shall order the sheriff to summon them in the event that there are not sufficient jurors. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-45. Said title is further amended by adding a new Code Section to read as follows:
"15-12-126.1. On and after July 1, 2012, when the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where jurors, or any part of a panel, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The clerk shall choose and cause to be summoned additional prospective trial jurors."

SECTION 1-46. Said title is further amended by revising Code Section 15-12-127, relating to separate panels to be drawn for each week, as follows:
"15-12-127. When the court is held for longer than one week, the presiding judge shall draw separate panels of trial jurors for each week of the court. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-47. Said title is further amended by revising Code Section 15-12-128, relating to term of service as tales juror, as follows:
"15-12-128. No person shall be competent or compellable to serve upon the trial jury in a court for more than two weeks at any one term. However, this Code section shall not apply to any person regularly drawn for jury duty nor to jurors actually engaged in the trial of a case at the expiration of the two weeks. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-48. Said title is further amended by revising Code Section 15-12-129, relating to drawing of juries where necessary, as follows:
"15-12-129. Whenever the session of any court of record is prolonged beyond the week or period for which juries were drawn at the close of the preceding term, or where the judge anticipates that the same is about to be so prolonged, or where from any other cause the court has

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convened or is about to convene and there have been no juries drawn for the same, the judge, in the manner prescribed for drawing juries at the close of the regular term, shall draw such juries as may be necessary and shall cause them to be summoned. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-49. Said title is further amended by adding a new Code section to read as follows:
"15-12-129.1. On and after July 1, 2012, whenever the session of any court of record is prolonged beyond the week or period for which jurors were electronically selected at the close of the preceding term, or where the judge anticipates that the same is about to be so prolonged, or where from any other cause the court has convened or is about to convene and there have been no jurors chosen for the same, the clerk, in the same manner prescribed for choosing prospective jurors at the close of the regular term, shall choose the names of prospective jurors and shall cause them to be summoned."

SECTION 1-50. Said title is further amended by revising Code Section 15-12-130, relating to when jurors selected for service in superior court may serve other courts with concurrent jurisdiction, as follows:
"15-12-130. (a) In any county of this state where there is located any court or courts having county-wide jurisdiction concurrent with the superior courts of this state to try any, all, or any type of case not within the exclusive jurisdiction of the superior courts of this state, any prospective trial juror drawn, selected, and summoned for service in the trial of civil and criminal cases in the superior court of such county shall be legally competent and qualified to serve as a prospective juror in any such other court or courts located in the county for the same period of time as he or she is competent and qualified to serve as a prospective trial juror in the superior court of the county. (b) Subsection (a) of this Code section shall be applicable only if:
(1) At the time the names of trial jurors are drawn by the judge of the superior court in accordance with Code Section 15-12-120, the judge who draws the jurors shall announce in open court the name or names of the court or courts other than the superior court wherein the jurors shall be competent and qualified to serve by virtue of this Code section; (2) The precept issued by the clerk in accordance with Code Section 15-12-65 shows that the jurors listed thereon are qualified and competent to serve as jurors in courts other than the superior court and shows the name of such court or courts; and (3) The summons served upon or sent to each of the jurors pursuant to Code Section 15-12-65 affirmatively shows the name of all the courts wherein the juror is eligible to serve.

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(c) This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-51. Said title is further amended by adding a new Code section to read as follows:
"15-12-130.1. (a) On and after July 1, 2012, in any county of this state where there is located any court or courts having county-wide jurisdiction concurrent with the superior courts of this state to try any, all, or any type of case not within the exclusive jurisdiction of the superior courts of this state, any prospective trial juror chosen and summoned for service in the trial of civil and criminal cases in the superior court of such county shall be legally competent and qualified to serve as a prospective juror in any such other court or courts located in the county for the same period of time as he or she is competent and qualified to serve as a prospective trial juror in the superior court of the county. (b) Subsection (a) of this Code section shall be applicable only if an order is entered by the judges of the affected courts identifying the courts in which prospective jurors may serve."

SECTION 1-52. Said title is further amended by revising Code Section 15-12-132, relating to oath of jury on voir dire, as follows:
"15-12-132. Each panel, prior to commencing voir dire, shall take the following oath:
'You shall give true answers to all questions as may be asked by the court or its authority, including all questions asked by the parties or their attorneys, concerning your qualifications as jurors in the case of ______________ (herein state the case). So help you God.' This oath shall be administered by the trial judge or the clerk."

SECTION 1-53. Said title is further amended by revising Code Section 15-12-133, relating to right to individual examination of panel, as follows:
"15-12-133. In all civil cases, the parties thereto shall have the right to an individual examination of the panel of prospective jurors from which the jury is to be selected, without interposing any challenge. In all criminal cases, both the state and the accused shall have the right to an individual examination of each prospective juror from which the jury is to be selected prior to interposing a challenge. The examination shall be conducted after the administration of a preliminary oath to the panel or in criminal cases after the usual voir dire questions have been put by the court. In the examination, the counsel for either party shall have the right to inquire of the individual prospective jurors examined touching any matter or thing which would illustrate any interest of the prospective juror in the case, including any opinion as to which party ought to prevail, the relationship or acquaintance of the prospective juror

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with the parties or counsel therefor, any fact or circumstance indicating any inclination, leaning, or bias which the prospective juror might have respecting the subject matter of the action or the counsel or parties thereto, and the religious, social, and fraternal connections of the prospective juror."

SECTION 1-54. Said title is further amended by revising Code Section 15-12-139, relating to oath in criminal case, as follows:
"15-12-139. In all criminal cases, the following oath shall be administered to the trial jury:
'You shall well and truly try the issue formed upon this bill of indictment (or accusation) between the State of Georgia and (name of accused), who is charged with (here state the crime or offense), and a true verdict give according to the evidence. So help you God.' The judge or clerk shall administer the oath to the jurors."

SECTION 1-55. Said title is further amended by revising Code Section 15-12-160, relating to required panel of jurors in felony trials, as follows:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent prospective jurors as may be necessary to provide a full panel or successive panels. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them. This Code section shall stand repealed and reserved on July 1, 2012."

SECTION 1-56. Said title is further amended by adding a new Code section to read as follows:
"15-12-160.1. On and after July 1, 2012, when any person stands indicted for a felony, the court shall have impaneled 30 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain fewer than 12 qualified jurors to try the case, the clerk shall choose and cause to be summoned such numbers of persons who are competent prospective jurors as may be necessary to provide a full panel or successive panels. In making up the panel or successive panels, the clerk

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shall choose the names of prospective trial jurors in the same manner as prospective trial jurors are chosen and cause such persons to be summoned."

SECTION 1-57. Said title is further amended by revising Code Section 15-12-161, relating to assigning panel to defendant, as follows:
"15-12-161. The clerk shall provide the prosecuting attorney and the accused with the names and identifying information relative to prospective jurors for the case being tried."

SECTION 1-58. Said title is further amended by revising subsection (b) of Code Section 15-12-164, relating to questions on voir dire, as follows:
"(b) Either the state or the accused shall have the right to introduce evidence before the judge to show that a juror's answers, or any of them, are untrue. It shall be the duty of the judge to determine the truth of such answers as may be thus questioned before the court."

SECTION 1-59. Said title is further amended by revising Code Section 15-12-165, relating to number of peremptory challenges, as follows:
"15-12-165. Every person accused of a felony may peremptorily challenge nine of the jurors impaneled to try him or her. The state shall be allowed the same number of peremptory challenges allowed to the accused; provided, however, that in any case in which the state announces its intention to seek the death penalty, the accused may peremptorily challenge 15 jurors and the state shall be allowed the same number of peremptory challenges."

SECTION 1-60. Said title is further amended by revising Code Section 15-12-169, relating to the manner of selecting alternative jurors, as follows:
"15-12-169. Alternate jurors shall be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shall be determined by the court. The state and the accused shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The peremptory challenges allowed to the state and to the accused in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the accused and to the state as provided by law. When two or more accused are tried jointly, the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4. This Code section shall stand repealed and reserved on July 1, 2012."

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SECTION 1-61. Said title is further amended by adding a new Code section to read as follows:
"15-12-169.1. On and after July 1, 2012, alternate jurors shall be chosen from the same county master jury list and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shall be determined by the court. The state and the accused shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The peremptory challenges allowed to the state and to the accused in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the accused and to the state as provided by law. When two or more accused are tried jointly, the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4."

SECTION 1-62. Said title is further amended by revising subsection (a) of Code Section 15-16-21, relating to fees for sheriff's services, as follows:
"(a) For summoning each prospective juror, grand or trial, drawn to serve at any regular term of any state or superior court or any grand or trial juror, drawn during any term of any city, state, or superior court, the sheriff shall receive the sum of $1.00. In all counties in this state where the sheriff is paid a salary only, this Code section shall apply as far as fees to be charged, but all such fees shall be turned over to the county treasurer or fiscal officer of the county. This subsection shall stand repealed and reserved on July 1, 2012."

SECTION 1-63. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 16-10-97, relating to intimidation or injury of grand or petit juror or court officer, as follows:
"(1) Endeavors to intimidate or impede any grand juror or trial juror or any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court while in the discharge of such juror's or officer's duties; (2) Injures any grand juror or trial juror in his or her person or property on account of any indictment or verdict assented to by him or her or on account of his or her being or having been such juror; or"

SECTION 1-64. Said title is further amended by revising division (9)(A)(xxxiv) of Code Section 16-14-3, relating to definitions for RICO, as follows:
"(xxxiv) Code Section 16-10-97, relating to intimidation of grand or trial juror or court officer;"

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SECTION 1-65. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising Code Section 21-2-231, relating to monthly transmittal of information to the Secretary of State and removal of persons from the list of electors, as follows:
"21-2-231. (a) Unless otherwise notified by the Secretary of State, the Georgia Crime Information Center shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State a complete list of all persons, including dates of birth, social security numbers, and other information as prescribed by the Secretary of State, who were convicted of a felony in this state since the preceding reporting period. The Secretary of State may, by agreement with the commissioner of corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies. Additionally, the Secretary of State shall be authorized to obtain such criminal information relating to Georgia electors convicted of a felony in another state, if such information is available. (a.1) 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 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 identify themselves as not being citizens of the United States during their qualification to serve as a juror during the preceding calendar month in that county. (b) The judge of the probate 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 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 declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a), (a.1), and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (d) Unless otherwise notified by the Secretary of State, the local registrar of vital 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 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 community health, obtain such information from the state registrar of vital statistics. Additionally, the Secretary of

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State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states. (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State or his or her designated agent shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board. (g) The Secretary of State shall provide to the Council of Superior Court Clerks of Georgia not later than the last day of each month all information enumerated in subsections (a) through (d) of this Code section and Code Section 21-2-232 and a list of voters who have failed to vote and inactive voters, as identified pursuant to Code Sections 21-2-234 and 21-2-235. Such data shall only be used by the council, the council's vendors, and county boards of jury commissioners for maintenance of state-wide master jury lists and county master jury lists. Such data shall be provided to the council or its vendors in the electronic format required by the council for such purposes."

SECTION 1-66. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (f) of Code Section 40-5-2, relating to keeping and furnishing of information on licensees, as follows:
"(7) The lists required to be made available to boards of jury commissioners, the Council of Superior Court Clerks of Georgia, and the Administrative Office of the Courts pursuant to Code Section 15-12-40 or 15-12-40.1 regarding county residents who are the holders of drivers' licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, and gender, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, the department shall also provide such information. The department shall also provide the address, effective date, document issue date, and document expiration date and shall indicate whether the document is a driver's license or a personal identification card. Such information shall be provided to the Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data."

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SECTION 1-67. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising subsection (i) of Code Section 45-11-4, relating to unprofessional conduct, as follows:
"(i) If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a trial jury."

SECTION 1-68. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (a) of Code Section 50-18-72, relating to when public disclosure of certain records is not required and the disclosure of exempting legal authority, by adding a new paragraph to read as follows:
"(4.2) Jury list data, including, but not limited to, persons' names, dates of birth, addresses, ages, race, gender, telephone numbers, social security numbers, and when it is available, the person's ethnicity, and other confidential identifying information that is collected and used by the Council of Superior Court Clerks of Georgia for creating, compiling, and maintaining state-wide master jury lists and county master jury lists for the purpose of establishing and maintaining county jury source lists pursuant to the provisions of Chapter 12 of Title 15; provided, however, that when ordered by the judge of a court having jurisdiction over a case in which a challenge to the array of the grand or trial jury has been filed, the Council of Superior Court Clerks of Georgia or the clerk of the county board of jury commissioners of any county shall provide data within the time limit established by the court for the limited purpose of such challenge. Neither the Council of Superior Court Clerks of Georgia nor the clerk of a county board of jury commissioners shall be liable for any use or misuse of such data;"

PART II SECTION 2-1.

Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding a new Code section to read as follows:
"16-9-62. (a) As used in this Code section, the term:
(1) 'Automated sales suppression device' or 'zapper' means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports. (2) 'Electronic cash register' means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to

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record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in whatever manner. (3) 'Phantom-ware' means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register. (4) 'Transaction data' includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction. (5) 'Transaction reports' means a report documenting, but not limited to, the sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically. (b) It shall be unlawful to willfully and knowingly sell, purchase, install, transfer, or possess in this state any automated sales suppression device or zapper or phantom-ware. (c) Any person convicted of a violation of subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine not to exceed $100,000.00, or both. (d) Any person violating subsection (b) of this Code section shall be liable for all taxes and penalties due the state as the result of the fraudulent use of an automated sales suppression device or phantom-ware and shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantom-ware. (e) An automated sales suppression device or phantom-ware and any device containing such device or software shall be contraband."

PART III SECTION 3-1.

Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of certain public records is not required and the disclosure of exempting legal authority, is amended in subparagraph (a)(15)(A) by deleting "and" at the end of division (iii), by replacing the period with "; and" at the end of division (iv), and by adding a new division to read as follows:
"(v) Records of any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (iv) of this subparagraph."

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PART IV SECTION 4-1.

(a) Parts I and II of this Act shall become effective on July 1, 2011, and Part II of this Act shall apply to all offenses occurring on and after such date. (b) Parts III and IV of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Part III of this Act shall apply to open records requests pending on such date or made on and after such date.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2011.

__________

CRIMINAL PROCEDURE PUBLIC DEFENDERS; COMPREHENSIVE REVISION.

No. 51 (House Bill No. 238).

AN ACT

To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to reconstitute the membership of the Georgia Public Defender Standards Council and provide for appointing members to such council; to change and clarify certain provisions relative to the powers and duties of the council and director; to clarify the council's responsibility to set policy and standards and the director's responsibility to develop rules and regulations to efficiently administer the provisions of this chapter; to change provisions relating to councilmembers' responsibilities; to provide for the director to appoint circuit public defenders; to change certain annual reporting requirements; to repeal an obsolete effective date Code section; to change provisions relating to the circuit public defender supervisory panel; to change provisions relating to appointing attorneys in conflict of interest cases; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by repealing in its entirety Code Section 17-12-3, relating to the

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creation of the Georgia Public Defender Standards Council, and enacting a new Code Section 17-12-3 to read as follows:
"17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of nine members. Other than county commission members, 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. (b) Effective July 1, 2011, the council shall be reconstituted. The members serving on the council immediately prior to July 1, 2011, shall cease to serve on that date, but such prior members shall be eligible for reappointment to succeed themselves or to fill another position on the council. (c) The nine members of the council shall be appointed as follows:
(1) Five members shall be appointed by the Governor. The Governor shall appoint three county commissioners who have been elected and are serving as members of a county governing authority in this state. The county commissioner councilmembers appointed by the Governor shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve a term of four years; provided, however, that the initial appointments shall be for one, two, and three 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. The Governor shall appoint two other members to the council, one of whom shall be a circuit public defender, who shall serve terms of four years; (2) Two members shall be appointed by the Lieutenant Governor and each shall serve terms of four years; provided, however, that the initial appointments shall be for one and four years, respectively, as designated by the Lieutenant Governor for each appointment, and thereafter, such members shall serve terms of four years; and (3) Two members shall be appointed by the Speaker of the House of Representatives and each shall serve terms of four years; provided, however, that the initial appointments shall be for two and three years, respectively, as designated by the Speaker of the House of Representatives for each appointment, and thereafter, such members shall serve terms of four years. (d) All initial terms shall begin on July 1, 2011, and their successors' terms shall begin on July 1 following their appointment. Any vacancy for a member shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term. Any member of the council may be appointed to successive terms. (e) In making the appointments of members of the council who are not county commissioners, the appointing authorities shall seek to identify and appoint persons who

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represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, 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 may solicit recommendations for county commissioners from the Association County Commissioners of Georgia. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia to serve on the council."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 17-12-4, relating to the authority of the Georgia Public Defender Standards Council, 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; and (7) May establish a principal office."

SECTION 3. Said chapter is further amended by revising subsections (c) and (d) of Code Section 17-12-5, relating to the director and the director's responsibilities, as follows:
"(c) The director shall have and may exercise the following power and authority: (1) 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 director is authorized by law to perform and to exercise any power or authority which the council is authorized under subsection (a) of Code Section 17-12-4 to exercise; (2) The power and authority to 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 policies promulgated by the council; and to perform any duties, responsibilities, or functions which the council is authorized under subsection (a) of Code Section 17-12-4 to perform or 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:

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(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, procedures, and regulations as the director determines may be necessary to carry out the provisions of this chapter and submit these to the council for approval and comply with all applicable laws, standards, and regulations; (3) Administer and coordinate the operations of the council and supervise compliance with policies 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 of the council are not greater than the amounts budgeted or available from other revenue sources; (10) Hire a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and (12) Evaluate each circuit public defender's job performance."

SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 17-12-7, relating to councilmembers and responsibilities, as follows:
"(d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council shall be required to approve the appointment of the chairperson and for annual approval of an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. The vote of two-thirds of the members of the entire council shall be required to remove the chairperson of the council or to overturn the director's decision regarding the removal of a circuit public defender."

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SECTION 5. Said chapter is further amended by revising subsections (b) and (c) of Code Section 17-12-8, relating to approval by council of programs for representation of indigents, as follows:
"(b) The council shall approve and implement programs, services, policies, 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 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 policy and standard shall identify the date upon which such policy and standard took effect."

SECTION 6. 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 policies 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 policies governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly."

SECTION 7. Said chapter is further amended by revising subsection (c) of Code Section 17-12-10, relating to annual reporting, as follows:
"(c) The director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, 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."

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SECTION 8. Said chapter is further amended by revising subsection (f) of Code Section 17-12-10.1, relating to the legislative oversight committee, as follows:
"(f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of such 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."

SECTION 9. Said chapter is further amended by repealing Code Section 17-12-13, relating to the effective date of the article, which reads as follows:
"17-12-13. This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3."

SECTION 10. Said chapter is further amended by revising Code Section 17-12-20, relating to the public defender selection panel for each circuit and the appointment of the circuit public defender, as follows:
"17-12-20. (a) On and after July 1, 2011, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of three members, all of whom shall be attorneys who regularly practice in that particular judicial circuit. The chief judge of the superior court of the circuit shall appoint one member. The Governor shall appoint one member. In a single county judicial circuit, the chairperson of the governing authority or sole commissioner shall appoint one member; in multicounty judicial circuits, the chairpersons of the governing authorities or sole commissioners shall caucus and appoint one member. When a caucus is needed to appoint a member of the supervisory panel, the chairperson or sole commissioner of the largest county by population in the judicial circuit shall convene the caucus. 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 1, 2005. On and after July 1, 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

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panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority within 60 days of the vacancy occurring.
(b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary. 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 nominate not more than five people to serve as the circuit public defender in the circuit. The director shall select the circuit public defender from the panel's list of nominees. A circuit public defender shall serve a term for up to four years and 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. (c) A circuit public defender may be removed for cause by the director. If a circuit public defender wants to appeal such removal, he or she may appeal the decision to the council. By a vote of two-thirds of the members of the entire council, the council may overturn the director's decision. Any appeal regarding a removal request shall be submitted to the council within 15 days of the effective date of the removal, and the council shall take action in hearing the appeal at its next regularly scheduled meeting and take final action within 30 days thereafter. A circuit public defender who has been removed by the director who has filed an appeal with the council shall continue to serve as the circuit public defender until the council reaches a decision on the appeal. (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 annually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The director 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 annual 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 panel's findings regarding the job performance of the circuit public defender and his or her office to the director on a form provided to the panel by the director. 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 director. Such resolution shall specify the reason for such

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request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the director within 15 days of the adoption of the resolution. The director shall initiate action on the circuit public defender supervisory panel's resolution within 30 days of receiving the resolution. The director 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 director shall appoint an interim circuit public defender to serve until the director has appointed a replacement. Within 30 days of the vacancy occurring, the circuit public defender supervisory panel shall meet and nominate not more than five people to serve as a replacement circuit public defender. The director shall select the replacement circuit public defender from the panel's list of nominees."

SECTION 11. Said chapter is further amended by revising subsections (a) and (c) of Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event a public defender's office has a conflict of interest, as follows:
"(a) The director, with input from 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. Whatever procedure the director establishes for each circuit's conflict of interest cases shall be adhered to by the circuit public defender office. It is the intent of the General Assembly that the director consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest." "(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 and standards for the representation of indigent defendants as are established by the council."

SECTION 12. Said chapter is further amended by revising subsection (d) of Code Section 17-12-23, relating to cases in which public defender representation is required, as follows:
"(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 policies and standards adopted by the council for representation of indigent persons in this state."

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SECTION 13. Said chapter is further amended by revising paragraph (4) of subsection (c) of Code Section 17-12-30, relating to classification of personnel, as follows:
"(4) Any reduction in salary shall be made in accordance with the salary range for the position and the policies adopted by the council."

SECTION 14. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternate delivery systems, as follows:
"(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its policies and standards, including, without limitation, caseload standards, as the council adopts;"

SECTION 15. Said chapter is further amended by revising subsection (b) of Code Section 17-12-80, relating to verification of indigency required, as follows:
"(b) The council shall establish policies and standards 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."

SECTION 16. This Act shall become effective on July 1, 2011.

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

Approved May 3, 2011.

__________

EVIDENCE MISCELLANEOUS OFFICIAL CODE OF GEORGIA ANNOTATED TITLES ADOPT FEDERAL RULES OF EVIDENCE.

No. 52 (House Bill No. 24).

AN ACT

To amend the Official Code of Georgia Annotated so as to substantially revise, supersede, and modernize provisions relating to evidence; to provide for legislative findings; to provide for definitions; to provide for general provisions; to provide for judicial notice; to provide

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for parol evidence; to provide for admission of relevant evidence; to provide for testimonial privileges; to provide for competency of witnesses; to provide for opinions and expert testimony; to provide for and define hearsay; to provide for authentication and identification of writings, recordings, and photographs; to provide for the best evidence rule; to provide for establishment of lost records; to provide for medical and other confidential information; to provide for securing attendance of witnesses and production and preservation of evidence; to provide for proof generally; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to move provisions relating to DNA analysis of persons convicted of certain crimes from Title 24 to Title 35; to change provisions relating to foreign language interpreters and interpreters for the hearing impaired; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Title 24 and correct cross-references; 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. It is the intent of the General Assembly in enacting this Act to adopt the Federal Rules of Evidence, as interpreted by the Supreme Court of the United States and the United States circuit courts of appeal as of January 1, 2013, to the extent that such interpretation is consistent with the Constitution of Georgia. Where conflicts were found to exist among the decisions of the various circuit courts of appeal interpreting the federal rules of evidence, the General Assembly considered the decisions of the 11th Circuit Court of Appeals. It is the intent of the General Assembly to revise, modernize, and reenact the general laws of this state relating to evidence while adopting, in large measure, the Federal Rules of Evidence. The General Assembly is cognizant that there are many issues regarding evidence that are not covered by the Federal Rules of Evidence and in those situations the former provisions of Title 24 have been retained. Unless displaced by the particular provisions of this Act, the General Assembly intends that the substantive law of evidence in Georgia as it existed on December 31, 2012, be retained.

SECTION 2. The Official Code of Georgia Annotated is amended by repealing in its entirety Title 24, relating to evidence, and enacting a new Title 24 to read as follows:

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"TITLE 24 CHAPTER 1 ARTICLE 1

24-1-1. The object of all legal investigation is the discovery of truth. Rules of evidence shall be construed to secure fairness in administration, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

24-1-2. (a) The rules of evidence shall apply in all trials by jury in any court in this state. (b) The rules of evidence shall apply generally to all nonjury trials and other fact-finding proceedings of any court in this state subject to the limitations set forth in subsections (c) and (d) of this Code section. (c) The rules of evidence, except those with respect to privileges, shall not apply in the following situations:
(1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Code Section 24-1-104; (2) Criminal proceedings before grand juries; (3) Proceedings for extradition or rendition; (4) Proceedings for revoking parole; (5) Proceedings for the issuance of warrants for arrest and search warrants except as provided by subsection (b) of Code Section 17-4-40; (6) Proceedings with respect to release on bond; (7) Dispositional hearings and custody hearings in juvenile court; or (8) Contempt proceedings in which the court, pursuant to subsection (a) of Code Section 15-1-4, may act summarily. (d)(1) In criminal commitment or preliminary hearings in any court, the rules of evidence shall apply except that hearsay shall be admissible. (2) In in rem forfeiture proceedings, the rules of evidence shall apply except that hearsay shall be admissible in determining probable cause or reasonable cause. (3) In presentence hearings, the rules of evidence shall apply except that hearsay and character evidence shall be admissible. (4) In administrative hearings, the rules of evidence as applied in the trial of nonjury civil actions shall be followed, subject to special statutory rules or agency rules as authorized by law. (e) Except as modified by statute, the common law as expounded by Georgia courts shall continue to be applied to the admission and exclusion of evidence and to procedures at trial.

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ARTICLE 2

24-1-101. Reserved.

24-1-102. Reserved.

24-1-103. (a) Error shall not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected and:
(1) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by an offer of proof or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding any evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve such claim of error for appeal. (b) The court shall accord the parties adequate opportunity to state grounds for objections and present offers of proof. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court may direct the making of an offer of proof in question and answer form. (c) Jury proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, including, but not limited to, making statements or offers of proof or asking questions in the hearing of the jury. (d) Nothing in this Code section shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.

24-1-104. (a) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determination, the court shall not be bound by the rules of evidence except those with respect to privileges. Preliminary questions shall be resolved by a preponderance of the evidence standard.

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(b) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be conducted out of the hearing of the jury when the interests of justice require or when an accused is a witness and requests a hearing outside the presence of the jury. (d) The accused shall not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the proceeding. (e) This Code section shall not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

24-1-105. When evidence which is admissible as to one party or for one purpose but which is not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

24-1-106. When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which, in fairness, should be considered contemporaneously with the writing or recorded statement.

CHAPTER 2 ARTICLE 1

24-2-201. (a) This Code section governs only judicial notice of adjudicative facts. (b) A judicially noticed fact shall be a fact which is not subject to reasonable dispute in that it is either:
(1) Generally known within the territorial jurisdiction of the court; or (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) A court may take judicial notice, whether or not requested by a party. (d) A court shall take judicial notice if requested by a party and provided with the necessary information. (e) A party shall be entitled, upon timely request, to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, such request may be made after judicial notice has been taken. (f) Judicial notice may be taken at any stage of the proceeding.

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(g)(1) In a civil proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. (2) In a criminal proceeding, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

ARTICLE 2

24-2-220. The existence and territorial extent of states and their forms of government; all symbols of nationality; the laws of nations; all laws and resolutions of the General Assembly and the journals of each branch thereof as published by authority; the laws of the United States and of the several states thereof as published by authority; the uniform rules of the courts; the administrative rules and regulations filed with the Secretary of State pursuant to Code Section 50-13-6; the general customs of merchants; the admiralty and maritime courts of the world and their seals; the political makeup and history of this state and the federal government as well as the local divisions of this state; the seals of the several departments of the government of the United States and of the several states of the union; and all similar matters of legislative fact shall be judicially recognized without the introduction of proof. Judicial notice of adjudicative facts shall be governed by Code Section 24-2-201.

24-2-221. When certified by a public officer, clerk, or keeper of county or municipal records in this state in a manner as specified for county records in Code Section 24-9-920 or in a manner as specified for municipal records in paragraph (1) or (2) of Code Section 24-9-902 and in the absence of contrary evidence, judicial notice may be taken of a certified copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-80-19 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body.

CHAPTER 3

24-3-1. Parol contemporaneous evidence shall be generally inadmissible to contradict or vary the terms of a valid written instrument.

24-3-2. If the writing does not purport to contain all the stipulations of the contract, parol evidence shall be admissible to prove other portions thereof not inconsistent with the writing;

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collateral undertakings between parties of the same part among themselves would not properly be looked for in the writing.

24-3-3. (a) All contemporaneous writings shall be admissible to explain each other. (b) Parol evidence shall be admissible to explain all ambiguities, both latent and patent.

24-3-4. The surrounding circumstances shall always be proper subjects of proof to aid in the construction of contracts.

24-3-5. Evidence of known and established usage shall be admissible to aid in the construction of contracts as well as to annex incidents.

24-3-6. Parol evidence shall be admissible to rebut an equity, to discharge an entire contract, to prove a new and distinct subsequent agreement, to enlarge the time of performance, or to change the place of performance.

24-3-7. Parol evidence shall be admissible to prove a mistake in a deed or any other contract required by law to be in writing.

24-3-8. Parol evidence shall be admissible to show that a writing either was originally void or subsequently became void.

24-3-9. Receipts for money shall always be only prima-facie evidence of payment and may be denied or explained by parol.

24-3-10. Blank endorsements of negotiable paper may always be explained between the parties themselves or those taking with notice of dishonor or of the actual facts of such endorsements.

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CHAPTER 4

24-4-401. As used in this chapter, the term 'relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

24-4-402. All relevant evidence shall be admissible, except as limited by constitutional requirements or as otherwise provided by law or by other rules, as prescribed pursuant to constitutional or statutory authority, applicable in the court in which the matter is pending. Evidence which is not relevant shall not be admissible.

24-4-403. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

24-4-404. (a) Evidence of a person's character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion, except for:
(1) Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the prosecution; (2) Subject to the limitations imposed by Code Section 24-4-412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused or by the prosecution to rebut the same; or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; or (3) Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609. (b) Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the

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circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.

24-4-405. (a) In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion. (b) In proceedings in which character or a trait of character of a person is an essential element of a charge, claim, or defense or when an accused testifies to his or her own character, proof may also be made of specific instances of that person's conduct. The character of the accused, including specific instances of the accused's conduct, shall also be admissible in a presentencing hearing subject to the provisions of Code Section 17-10-2. (c) On cross-examination, inquiry shall be allowable into relevant specific instances of conduct.

24-4-406. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with such habit or routine practice.

24-4-407. In civil proceedings, when, after an injury or harm, remedial measures are taken to make such injury or harm less likely to recur, evidence of the remedial measures shall not be admissible to prove negligence or culpable conduct but may be admissible to prove product liability under subsection (b) or (c) of Code Section 51-1-11. The provisions of this Code section shall not require the exclusion of evidence of remedial measures when offered for impeachment or for another purpose, including, but not limited to, proving ownership, control, or feasibility of precautionary measures, if controverted.

24-4-408. (a) Except as provided in Code Section 9-11-68, evidence of:
(1) Furnishing, offering, or promising to furnish; or (2) Accepting, offering, or promising to accept a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount shall not be admissible to prove liability for or invalidity of any claim or its amount. (b) Evidence of conduct or statements made in compromise negotiations or mediation shall not be admissible. (c) This Code section shall not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations or

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mediation. This Code section shall not require exclusion of evidence offered for another purpose, including, but not limited to, proving bias or prejudice of a witness, negating a contention of undue delay or abuse of process, or proving an effort to obstruct a criminal investigation or prosecution.

24-4-409. Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses occasioned by an injury shall not be admissible to prove liability for the injury.

24-4-410. Except as otherwise provided by law, evidence of the following shall not, in any judicial or administrative proceeding, be admissible against the criminal defendant who made the plea or was a participant in the plea discussions:
(1) A plea of guilty which was later withdrawn; (2) A plea of nolo contendere; (3) Any statement made in the course of any proceedings in which a guilty plea or a plea of nolo contendere was entered and was later withdrawn, vacated, or set aside; or (4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, vacated, or set aside; provided, however, that the statements described in paragraphs (1) through (4) of this Code section shall be admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it or in a criminal proceeding for perjury or false statement if the statement was made by the accused under oath, on the record, and in the presence of counsel or after the accused voluntarily waived his or her right to counsel.

24-4-411. In all civil proceedings involving a claim for damages, evidence that a person was or was not insured against liability shall not be admissible except as provided in this Code section. This Code section shall not require the exclusion of evidence of insurance against liability in proceedings under Code Section 46-7-12 or when such evidence is offered for a relevant purpose, including, but not limited to, proof of agency, ownership, or control, and the court finds that the danger of unfair prejudice is substantially outweighed by the probative value of the evidence.

24-4-412. (a) In any prosecution for rape in violation of Code Section 16-6-1; aggravated assault with the intent to rape in violation of Code Section 16-5-21; aggravated sodomy or sodomy in violation of Code Section 16-6-2; statutory rape in violation of Code Section 16-6-3; aggravated child molestation or child molestation in violation of Code Section 16-6-4;

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incest in violation of Code Section 16-6-22; sexual battery in violation of Code Section 16-6-22.1; or aggravated sexual battery in violation of Code Section 16-6-22.2, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for rape in violation of Code Section 16-6-1; aggravated assault with the intent to rape in violation of Code Section 16-5-21; aggravated sodomy or sodomy in violation of Code Section 16-6-2; statutory rape in violation of Code Section 16-6-3; aggravated child molestation or child molestation in violation of Code Section 16-6-4; incest in violation of Code Section 16-6-22; sexual battery in violation of Code Section 16-6-22.1; or aggravated sexual battery in violation of Code Section 16-6-22.2, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution. (c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows:
(1) At the time the defense seeks to introduce evidence which would be covered by subsection (b) of this Code section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine the accused's offer of proof; (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this Code section or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order of the court.

24-4-413. (a) In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements

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of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section. (d) As used in this Code section, the term 'offense of sexual assault' means any conduct or attempt or conspiracy to engage in:
(1) Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 16-6-5.1, 16-6-22, 16-6-22.1, or 16-6-22.2; (2) Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person; (3) Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or (4) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.

24-4-414. (a) In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused's commission of another offense of child molestation shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose the evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described under this Code section. (d) As used in this Code section, the term 'offense of child molestation' means any conduct or attempt or conspiracy to engage in:
(1) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3; (2) Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child; (3) Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or (4) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child.

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24-4-415. (a) In a civil or administrative proceeding in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or an offense of child molestation, evidence of that party's commission of another offense of sexual assault or another offense of child molestation shall be admissible and may be considered as provided in Code Sections 24-4-413 and 24-4-414. (b) A party who intends to offer evidence under this Code section shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section. (d) As used in this Code section, the term:
(1) 'Offense of child molestation' means any conduct or attempt or conspiracy to engage in:
(A) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3; (B) Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child; (C) Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or (D) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child. (2) 'Offense of sexual assault' means any conduct or attempt or conspiracy to engage in: (A) Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 16-6-5.1, 16-6-22, 16-6-22.1, or 16-6-22.2; (B) Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person; (C) Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or (D) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.

24-4-416. (a) As used in this Code section, the term 'health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers.

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(b) In any claim or civil proceeding brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which is made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relates to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.

24-4-417. (a) In a criminal proceeding involving a prosecution for a violation of Code Section 40-6-391, evidence of the commission of another violation of Code Section 40-6-391 on a different occasion by the same accused shall be admissible when:
(1) The accused refused in the current case to take the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; (2) The accused refused in the current case to provide an adequate breath sample for the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; or (3) The identity of the driver is in dispute in the current case and such evidence is relevant to prove identity. (b) In a criminal proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.

CHAPTER 5

24-5-501. (a) There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following:
(1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; (5) Communications between psychiatrist and patient; (6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16;

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(7) Communications between a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor and patient; (8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and (9) Communications between accountant and client as provided by Code Section 43-3-32. (b) As used in this Code section, the term: (1) 'Psychotherapy' means the employment of psychotherapeutic techniques. (2) 'Psychotherapeutic techniques' shall have the same meaning as provided in Code Section 43-10A-3.

24-5-502. Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or any Christian or Jewish minister or similar functionary, by whatever name called, shall be deemed privileged. No such minister, priest, rabbi, or similar functionary shall disclose any communications made to him or her by any such person professing religious faith, seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, rabbi, or similar functionary be competent or compellable to testify with reference to any such communication in any court.

24-5-503. (a) A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other. (b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged.

24-5-504. Any law enforcement officer testifying in his or her official capacity in any criminal proceeding shall not be compelled to reveal his or her home address. Such officer may be required to divulge the business address of his or her employer, and the court may require

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any law enforcement officer to answer questions as to his or her home address whenever such fact may be material to any issue in the proceeding.

24-5-505. (a) No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness's family. (b) Except in proceedings in which a judgment creditor or judgment creditor's successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section 9-11-69, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his or her estate. (c) No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment.

24-5-506. (a) No person who is charged in any criminal proceeding with the commission of any criminal offense shall be compellable to give evidence for or against himself or herself. (b) If an accused in a criminal proceeding wishes to testify and announces in open court his or her intention to do so, the accused may so testify. If an accused testifies, he or she shall be sworn as any other witness and, except as provided in Code Sections 24-6-608 and 24-6-609, may be examined and cross-examined as any other witness. The failure of an accused to testify shall create no presumption against the accused, and no comment shall be made because of such failure.

24-5-507. (a) Whenever in the judgment of the Attorney General or any district attorney the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, the Attorney General or the district attorney may request in writing the superior court to order such person to testify or produce the evidence. Upon order of the court, such person shall not be excused on the basis of the privilege against self-incrimination from testifying or producing any evidence required, but no testimony or other evidence required under the order or any information directly or indirectly derived from such testimony or evidence shall be used against the person in any proceeding or prosecution for a crime or offense concerning which he or she testified or produced evidence under court order. However, such person may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in testifying or failing to testify or in producing or failing to produce evidence in accordance with the order but shall not be required to produce evidence that can be used in any other court of this state, the United States, or any other state. Any order entered under this Code section shall be entered of

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record in the minutes of the court so as to afford a permanent record thereof, and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court. (b) If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as set forth in this Code section, such person may be adjudged in contempt and committed to the county jail until such time as such person purges himself or herself of contempt by testifying as ordered without regard to the expiration of the grand jury. If the grand jury before which such person was ordered to testify has been dissolved, such person may purge himself or herself by testifying before the court.

24-5-508. Any person, company, or other entity engaged in the gathering and dissemination of news for the public through any newspaper, book, magazine, radio or television broadcast, or electronic means shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought:
(1) Is material and relevant; (2) Cannot be reasonably obtained by alternative means; and (3) Is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.

CHAPTER 6 ARTICLE 1

24-6-601. Except as otherwise provided in this chapter, every person is competent to be a witness.

24-6-602. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. The provisions of this Code section are subject to Code Section 24-7-703 and shall not apply to party admissions.

24-6-603. (a) Before testifying, every witness shall be required to declare that he or she will testify truthfully by oath or affirmation administered in a form calculated to awaken the witness's conscience and impress the witness's mind with the duty to do so. (b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation as defined by Code Section 15-11-2 and in all criminal

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proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter.

24-6-604. Except as provided in Code Sections 24-6-656 and 24-6-657 or by the rules promulgated by the Supreme Court of Georgia pursuant to Code Section 15-1-14, an interpreter shall be subject to the provisions of Code Section 24-7-702. Interpreters shall be required to take an oath or affirmation to make a true translation.

24-6-605. The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve this issue.

24-6-606. (a) A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If a juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. (b) Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify by affidavit or otherwise nor shall a juror's statements be received in evidence as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the jury deliberations or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith; provided, however, that a juror may testify on the question of whether extraneous prejudicial information was improperly brought to the juror's attention, whether any outside influence was improperly brought to bear upon any juror, or whether there was a mistake in entering the verdict onto the verdict form.

24-6-607. The credibility of a witness may be attacked by any party, including the party calling the witness.

24-6-608. (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following limitations:
(1) The evidence may refer only to character for truthfulness or untruthfulness; and (2) Evidence of truthful character shall be admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. (b) Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's character for truthfulness, other than a conviction of a crime as provided in Code Section 24-6-609, or conduct indicative of the witness's bias toward a

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party may not be proved by extrinsic evidence. Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness:
(1) Concerning the witness's character for truthfulness or untruthfulness; or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. (c) The giving of testimony, whether by an accused or by any other witness, shall not operate as a waiver of the accused's or the witness's privilege against self-incrimination when examined with respect to matters which relate only to character for truthfulness.

24-6-609. (a) General rule. For the purpose of attacking the character for truthfulness of a witness:
(1) Evidence that a witness other than an accused has been convicted of a crime shall be admitted subject to the provisions of Code Section 24-4-403 if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting the evidence outweighs its prejudicial effect to the accused; or (2) Evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of such crime required proof or admission of an act of dishonesty or making a false statement. (b) Time limit. Evidence of a conviction under this Code section shall not be admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for such conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old, as calculated in this subsection, shall not be admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. (c) Effect of pardon, annulment, certificate of rehabilitation, or discharge from a first offender program. Evidence of a final adjudication of guilt and subsequent discharge under any first offender statute shall not be used to impeach any witness and evidence of a conviction shall not be admissible under this Code section if: (1) The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year; or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

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(d) Nolo contendere pleas and juvenile adjudications. A conviction based on a plea of nolo contendere shall not be admissible to impeach any witness under this Code section. Evidence of juvenile adjudications shall not generally be admissible under this Code section. The court may, however, in a criminal proceeding allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence of the accused. (e) Pendency of appeal. The pendency of an appeal shall not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal shall be admissible.

24-6-610. Evidence of the beliefs or opinions of a witness on matters of religion shall not be admissible for the purpose of proving that by reason of the nature of the beliefs or opinions the witness's credibility is impaired or enhanced.

24-6-611. (a) The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
(1) Make the interrogation and presentation effective for the ascertainment of the truth; (2) Avoid needless consumption of time; and (3) Protect witnesses from harassment or undue embarrassment. (b) A witness may be cross-examined on any matter relevant to any issue in the proceeding. The right of a thorough and sifting cross-examination shall belong to every party as to the witnesses called against the party. If several parties to the same proceeding have distinct interests, each party may exercise the right to cross-examination. (c) Leading questions shall not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily leading questions shall be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

24-6-612. (a) If a witness uses a writing to refresh his or her memory while testifying, an adverse party shall be entitled to have the writing produced at the hearing or trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. (b) If a witness uses a writing to refresh his or her memory before testifying at trial and the court in its discretion determines it is necessary in the interests of justice, an adverse party shall be entitled to have the writing produced at the trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. If the writing used is protected by the attorney-client

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privilege or as attorney work product under Code Section 9-11-26, use of the writing to refresh recollection prior to the trial shall not constitute a waiver of that privilege or protection. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions of such writing not so related, and order delivery of the remainder of such writing to the party entitled to such writing. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to an order under this Code section, the court shall make any order justice requires; provided, however, that in criminal proceedings, when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.

24-6-613. (a) In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time; provided, however, upon request the same shall be shown or disclosed to opposing counsel. (b) Except as provided in Code Section 24-8-806, extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an opportunity to explain or deny the prior inconsistent statement and the opposite party is afforded an opportunity to interrogate the witness on the prior inconsistent statement or the interests of justice otherwise require. This subsection shall not apply to admissions of a party-opponent as set forth in paragraph (2) of subsection (d) of Code Section 24-8-801. (c) A prior consistent statement shall be admissible to rehabilitate a witness if the prior consistent statement logically rebuts an attack made on the witness's credibility. A general attack on a witness's credibility with evidence offered under Code Section 24-6-608 or 24-6-609 shall not permit rehabilitation under this subsection. If a prior consistent statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, the prior consistent statement shall have been made before the alleged recent fabrication or improper influence or motive arose.

24-6-614. (a) The court may, on its own motion, call a court appointed expert, call a witness regarding the competency of any party, or call a child witness or, at the suggestion of a party, call such witnesses, and all parties shall be entitled to cross-examine such witnesses. In all other situations, the court may only call witnesses when there is an agreement of all of the parties for the court to call such witnesses and all parties shall be entitled to cross-examine such witnesses. (b) The court may interrogate witnesses whether called by itself pursuant to subsection (a) of this Code section or by a party.

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(c) Objections to the calling of witnesses by the court or to interrogation by the court may be made at the time or at the next available opportunity when the jury is not present.

24-6-615. Except as otherwise provided in Code Section 24-6-616, at the request of a party the court shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses, and it may make the order on its own motion. This Code section shall not authorize exclusion of:
(1) A party who is a natural person; (2) An officer or employee of a party which is not a natural person designated as its representative by its attorney; or (3) A person whose presence is shown by a party to be essential to the presentation of the party's cause.

24-6-616. Subject to the provisions of Code Section 17-17-9, the victim of a criminal offense shall be entitled to be present in any court exercising jurisdiction over such offense.

ARTICLE 2

24-6-620. The credibility of a witness shall be a matter to be determined by the trier of fact, and if the case is being heard by a jury, the court shall give the jury proper instructions as to the credibility of a witness.

24-6-621. A witness may be impeached by disproving the facts testified to by the witness.

24-6-622. The state of a witness's feelings towards the parties and the witness's relationship to the parties may always be proved for the consideration of the jury.

24-6-623. It shall be the right of a witness to be examined only as to relevant matters and to be protected from improper questions and from harsh or insulting demeanor.

ARTICLE 3

24-6-650. It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken

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language and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of this state and its political subdivisions unless qualified interpreters are available to assist such persons.

24-6-651. As used in this article, the term:
(1) 'Agency' means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of this state or any political subdivision thereof. (2) 'Court qualified interpreter' means any person licensed as an interpreter for the hearing impaired pursuant to Code Section 15-1-14. (3) 'Hearing impaired person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. (4) 'Intermediary interpreter' means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between the variance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter. (5) 'Proceeding' means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency. (6) 'Qualified interpreter' means any person certified as an interpreter for hearing impaired persons by the Registry of Interpreters for the Deaf or a court qualified interpreter.

24-6-652. (a) The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person:
(1) Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; or (2) Whenever a person who is below the age of 18 years is a party to the proceeding or a witness before the proceeding conducted by an agency whose parents are hearing impaired persons or whose guardian is a hearing impaired person. (b) A hearing impaired person shall notify the agency not less than ten days, excluding weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person received notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, such person shall notify the agency as soon as practicable after receiving such notice.

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24-6-653. (a) An arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever a hearing impaired person is arrested for allegedly violating any criminal law or ordinance of this state or any political subdivision thereof.
(b)(1) Except as provided in paragraph (2) of this subsection, no interrogation, warning, informing of rights, taking of statements, or other investigatory procedures shall be undertaken upon a hearing impaired person unless a qualified interpreter has been provided or the law enforcement agency has taken such other steps as may be reasonable to accommodate such person's disability. No answer, statement, admission, or other evidence acquired through the interrogation of a hearing impaired person shall be admissible in any criminal or quasi-criminal proceedings unless such was knowingly and voluntarily given. No hearing impaired person who has been taken into custody and who is otherwise eligible for release shall be detained because of the unavailability of a qualified interpreter. (2) If a qualified interpreter is not available, an arresting officer may interrogate or take a statement from such person, provided that if the hearing impaired person cannot hear spoken words with a hearing aid or other sound amplification device, such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.

24-6-654. (a) A court shall provide a court qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a public defender or court appointed legal counsel. (b) The court qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel.

24-6-655. Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency or law enforcement agency before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver of the hearing impaired person's right to a qualified interpreter.

24-6-656. Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, the agency or law enforcement agency shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency or law enforcement agency shall obtain the

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services of another qualified interpreter or shall appoint an intermediary interpreter to assist the qualified interpreter in communicating with the hearing impaired person.

24-6-657. (a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he or she will interpret all communications in an accurate manner to the best of his or her skill and knowledge. The Supreme Court of Georgia may by rule of court prescribe the form of the oath for interpreters and intermediary interpreters for use in court and other judicial proceedings. (b) Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privileged or otherwise confidential, the presence of the interpreter shall not vitiate such privilege and the interpreter shall not be required to disclose the contents of such communication. (c) Whenever a qualified interpreter is required by this article, the agency or law enforcement agency shall not begin the proceeding or take any action until such interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person. (d) The agency or law enforcement agency may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing impaired person be electronically and visually recorded. Any such recording may be used to verify the testimony given by the hearing impaired person.

24-6-658. Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency or law enforcement agency requesting such service.

CHAPTER 7

24-7-701. (a) If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are:
(1) Rationally based on the perception of the witness; (2) Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue; and (3) Not based on scientific, technical, or other specialized knowledge within the scope of Code Section 24-7-702. (b) Direct testimony as to market value is in the nature of opinion evidence. A witness need not be an expert or dealer in an article or property to testify as to its value if he or she has had an opportunity to form a reasoned opinion.

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24-7-702. (a) Except as provided in Code Section 22-1-14 and in subsection (g) of this Code section, the provisions of this Code section shall apply in all civil proceedings. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witnesses. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if:
(1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case which have been or will be admitted into evidence before the trier of fact. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph:
(i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and

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(D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physician assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physician assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the expert's testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-11-16. (e) An affiant shall meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1. (f) It is the intent of the legislature that, in all civil proceedings, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases. (g) This Code section shall not be strictly applied in proceedings conducted pursuant to Chapter 9 of Title 34 or in administrative proceedings conducted pursuant to Chapter 13 of Title 50.

247-703. The facts or data in the particular proceeding upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, such facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Such facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.

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24-7-704. (a) Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible shall not be objectionable because it embraces an ultimate issue to be decided by the trier of fact. (b) No expert witness testifying with respect to the mental state or condition of an accused in a criminal proceeding shall state an opinion or inference as to whether the accused did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.

24-7-705. An expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. An expert may in any event be required to disclose the underlying facts or data on cross-examination.

24-7-706. Except as provided in Chapter 7 of Title 9 or Code Section 17-7-130.1, 17-10-66, 29-4-11, 29-5-11, 31-14-3, 31-20-3, or 44-6-166.1, the following procedures shall govern the appointment, compensation, and presentation of testimony of court appointed experts:
(1) The court on its own motion or on the motion of any party may enter an order to show cause why any expert witness should not be appointed and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. Each appointed expert witness shall be informed of his or her duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. Each appointed expert witness shall advise the parties of his or her findings, if any. Except as provided in Article 3 of Chapter 12 or Article 6 of Chapter 13 of this title, such witness's deposition may be taken by any party. Such witness may be called to testify by the court or any party. Each expert witness shall be subject to cross-examination by each party, including a party calling the witness; (2) Appointed expert witnesses shall be entitled to reasonable compensation in whatever sum the court allows. The compensation fixed shall be payable from funds which may be provided by law in criminal proceedings and civil proceedings and proceedings involving just compensation for the taking of property. In other civil proceedings, the compensation shall be paid by the parties in such proportion and at such time as the court directs and thereafter charged in like manner as other costs; (3) In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness; and (4) Nothing in this Code section shall limit a party in calling expert witnesses of the party's own selection.

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24-7-707. In criminal proceedings, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.

CHAPTER 8 ARTICLE 1

24-8-801. As used in this chapter, the term: (a) 'Statement' means:
(1) An oral or written assertion; or (2) Nonverbal conduct of a person, if it is intended by the person as an assertion. (b) 'Declarant' means a person who makes a statement. (c) 'Hearsay' means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (d) 'Hearsay' shall be subject to the following exclusions and conditions: (1) Prior statement by witness.
(A) An out-of-court statement shall not be hearsay if the declarant testifies at the trial or hearing, is subject to cross-examination concerning the statement, and the statement is admissible as a prior inconsistent statement or a prior consistent statement under Code Section 24-6-613 or is otherwise admissible under this chapter. (B) If a hearsay statement is admitted and the declarant does not testify at the trial or hearing, other out-of-court statements of the declarant shall be admissible for the limited use of impeaching or rehabilitating the credibility of the declarant, and not as substantive evidence, if the other statements qualify as prior inconsistent statements or prior consistent statements under Code Section 24-6-613. (C) A statement shall not be hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving the person; and (2) Admissions by party-opponent. Admissions shall not be excluded by the hearsay rule. An admission is a statement offered against a party which is: (A) The party's own statement, in either an individual or representative capacity; (B) A statement of which the party has manifested an adoption or belief in its truth; (C) A statement by a person authorized by the party to make a statement concerning the subject; (D) A statement by the party's agent or employee, but not including any agent of the state in a criminal proceeding, concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or

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(E) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy, including a statement made during the concealment phase of a conspiracy. A conspiracy need not be charged in order to make a statement admissible under this subparagraph. The contents of the statement shall be considered but shall not alone be sufficient to establish the declarant's authority under subparagraph (C) of this paragraph, the agency or employment relationship and scope thereof under subparagraph (D) of this paragraph, or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subparagraph (E) of this paragraph. (e) 'Public office' means: (1) Every state department, agency, board, bureau, commission, division, public corporation, and authority; (2) Every county, municipal corporation, school district, or other political subdivision of this state; (3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (4) Every city, county, regional, or other authority established pursuant to the laws of this state. (f) 'Public official' means an elected or appointed official. (g) '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 and created in the course of the operation of a public office.

24-8-802. Hearsay shall not be admissible except as provided by this article; provided, however, that if a party does not properly object to hearsay, the objection shall be deemed waived, and the hearsay evidence shall be legal evidence and admissible.

24-8-803. The following shall not be excluded by the hearsay rule, even though the declarant is available as a witness:
(1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or immediately thereafter; (2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition; (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, but not including a statement of memory or belief to prove the fact remembered or believed unless such statements relate to the execution, revocation, identification, or terms of the declarant's will and not including a statement of belief as to the intent of another person;

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(4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment; (5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately shown to have been made or adopted by the witness when the matter was fresh in the witness's memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but shall not itself be received as an exhibit unless offered by an adverse party; (6) Records of regularly conducted activity. Unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness and subject to the provisions of Chapter 7 of this title, a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, if (A) made at or near the time of the described acts, events, conditions, opinions, or diagnoses; (B) made by, or from information transmitted by, a person with personal knowledge and a business duty to report; (C) kept in the course of a regularly conducted business activity; and (D) it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness or by certification that complies with paragraph (11) or (12) of Code Section 24-9-902 or by any other statute permitting certification. The term 'business' as used in this paragraph includes any business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. Public records and reports shall be admissible under paragraph (8) of this Code section and shall not be admissible under this paragraph; (7) Absence of entry in records kept in accordance with paragraph (6) of this Code section. Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6) of this Code section, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness; (8) Public records and reports. Except as otherwise provided by law, public records, reports, statements, or data compilations, in any form, of public offices, setting forth:
(A) The activities of the public office; (B) Matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, against the accused in criminal proceedings, matters observed by police officers and other law enforcement personnel in connection with an investigation; or

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(C) In civil proceedings and against the state in criminal proceedings, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness; (9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law; (10) Absence of public record or entry. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office, evidence in the form of a certification in accordance with Code Section 24-9-902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry; (11) Records of religious organizations. Statements of birth, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization; (12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified and purporting to have been issued at the time of the act or within a reasonable time thereafter; (13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like; (14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable law authorizes the recording of documents of that kind in such office; (15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document; (16) Statements in ancient documents. Statements in a document in existence 20 years or more the authenticity of which is established; (17) Market reports and commercial publications. Market quotations, tabulations, lists, directories, or other published compilations generally used and relied upon by the public or by persons in the witness's particular occupation; (18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination, statements contained in published treatises, periodicals, or pamphlets,

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whether published electronically or in print, on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness, by other expert testimony, or by judicial notice. If admitted, the statements may be used for cross-examination of an expert witness and read into evidence but shall not be received as exhibits; (19) Reputation concerning personal or family history. Reputation among members of a person's family by blood, adoption, or marriage or among a person's associates or in the community concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of the person's personal or family history; (20) Reputation concerning boundaries or general history. Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community or state or nation in which such lands are located; (21) Reputation as to character. Reputation of a person's character among associates or in the community; (22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but shall not affect admissibility; or (23) Judgment as to personal, family, or general history or boundaries. Judgments as proof of matters of personal, family, or general history or boundaries essential to the judgment, if the same would be provable by evidence of reputation.

24-8-804. (a) As used in this Code section, the term 'unavailable as a witness' includes situations in which the declarant:
(1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; (2) Persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the declarant's statement; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) Is absent from the hearing and the proponent of the statement has been unable to procure the declarant's attendance or, in the case of exceptions under paragraph (2), (3), or (4) of subsection (b) of this Code section, the declarant's attendance or testimony, by process or other reasonable means.

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A declarant shall not be deemed unavailable as a witness if the declarant's exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying. (b) The following shall not be excluded by the hearsay rule if the declarant is unavailable as a witness:
(1) Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. If deposition testimony is admissible under either the rules stated in Code Section 9-11-32 or this Code section, it shall be admissible at trial in accordance with the rules under which it was offered; (2) In a prosecution for homicide or in a civil proceeding, a statement made by a declarant while believing that his or her death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death; (3) A statement against interest. A statement against interest is a statement:
(A) Which a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate a claim by the declarant against another or to expose the declarant to civil or criminal liability; and (B) Supported by corroborating circumstances that clearly indicate the trustworthiness of the statement if it is offered in a criminal case as a statement that tends to expose the declarant to criminal liability; (4) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated or a statement concerning the foregoing matters and death also of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared; or (5) A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

24-8-805. Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.

24-8-806. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be

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admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, shall not be subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party shall be entitled to examine the declarant on the statement as if under cross-examination.

24-8-807. A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that:
(1) The statement is offered as evidence of a material fact; (2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (3) The general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this Code section unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.

ARTICLE 2

24-8-820. A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another shall be admissible in evidence by the testimony of the person to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability.

24-8-821. Without offering the same in evidence, either party may avail himself or herself of allegations or admissions made in the pleadings of the other.

24-8-822. When an admission is given in evidence by one party, it shall be the right of the other party to have the whole admission and all the conversation connected therewith admitted into evidence.

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24-8-823. All admissions shall be scanned with care, and confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence, shall not justify a conviction.

24-8-824. To make a confession admissible, it shall have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.

24-8-825. The fact that a confession has been made under a spiritual exhortation, a promise of secrecy, or a promise of collateral benefit shall not exclude it.

24-8-826. (a) Upon the trial of any civil proceeding involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report shall first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing such report may be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise. (b) The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence.

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CHAPTER 9 ARTICLE 1

24-9-901. (a) The requirement of authentication or identification as a condition precedent to admissibility shall be satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (b) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Code section:
(1) Testimony of a witness with knowledge that a matter is what it is claimed to be; (2) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation; (3) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. Such specimens shall be furnished to the opposite party no later than ten days prior to trial; (4) Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances; (5) Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker; (6) Telephone conversations, by evidence that a call was made to the number assigned at the time by a telephone service provider to a particular person or business, if:
(A) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or (B) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone; (7) Evidence that a document authorized by law to be recorded or filed and in fact recorded or filed in a public office or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept; (8) Evidence that a document or data compilation, in any form: (A) Is in such condition as to create no suspicion concerning its authenticity; (B) Was in a place where it, if authentic, would likely be; and (C) Has been in existence 20 years or more at the time it is offered; (9) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result; or (10) Any method of authentication or identification provided by law.

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24-9-902. Extrinsic evidence of authenticity as a condition precedent to admissibility shall not be required with respect to the following:
(1) A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory, or insular possession thereof or the Panama Canal Zone or the Trust Territory of the Pacific Islands or of a political subdivision, department, officer, or agency thereof or of a municipal corporation of this state and bearing a signature purporting to be an attestation or execution; (2) A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) of this Code section having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine; (3) A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make such execution or attestation and accompanied by a final certification as to the genuineness of the signature, official position of the executing or attesting person, or of any foreign official whose certificate of genuineness of signature and official position relates to such execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to such execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that such documents be treated as presumptively authentic without final certification or permit such documents to be evidenced by an attested summary with or without final certification; (4) A duplicate of an official record or report or entry therein or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification by certificate complying with paragraph (1), (2), or (3) of this Code section or complying with any law of the United States or of this state, including Code Section 24-9-920; (5) Books, pamphlets, or other publications purporting to be issued by a public office; (6) Printed materials purporting to be newspapers or periodicals; (7) Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin; (8) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments;

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(9) Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law; (10) Any signature, document, or other matter declared by any law of the United States or of this state to be presumptively or prima facie genuine or authentic; (11) The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration of its custodian or other qualified person certifying that the record:
(A) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of such matters; (B) Was kept in the course of the regularly conducted activity; and (C) Was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration; or (12) In a civil proceeding, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration by its custodian or other qualified person certifying that the record: (A) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) Was kept in the course of the regularly conducted activity; and (C) Was made by the regularly conducted activity as a regular practice. The declaration shall be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration.

24-9-903. The testimony of a subscribing witness shall not be necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

24-9-904. As used in this article, the term:
(1) 'Public office' shall have the same meaning as set forth in Code Section 24-8-801. (2) 'Public officer' means any person appointed or elected to be the head of any entity included in paragraph (1) of Code Section 24-9-902.

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(3) 'Telephone service provider' shall have the same meaning as 'voice service provider' as set forth in Code Section 46-5-231.

ARTICLE 2

24-9-920. The certificate or attestation of any public officer either of this state or any county thereof or any clerk or keeper of county, consolidated government, or municipal records in this state shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file, or other matter or thing in such public officer's respective office, or pertaining thereto, to admit the same in evidence.

24-9-921. (a) Upon the trial of any civil proceeding involving injury or disease, the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such a witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from:
(1) A hospital; (2) An ambulance service; (3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or (4) A licensed practicing physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist. (b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence.

24-9-922. The acts of the legislature of any other state, territory, or possession of the United States, the records and judicial proceedings of any court of any such state, territory, or possession, and the nonjudicial records or books kept in the public offices in any such state, territory, or possession, if properly authenticated, shall have the same full faith and credit in every court within this state as they have by law or usage in the courts of such state, territory, or possession from which they are taken.

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24-9-923. (a) As used in this Code section, the term 'unavailability of a witness' includes situations in which the authenticating witness:
(1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the authentication; (2) Persists in refusing to testify concerning the subject matter of the authentication despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the authentication; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) Is absent from the hearing and the proponent of the authentication has been unable to procure the attendance of the authenticating witness by process or other reasonable means. An authenticating witness shall not be deemed unavailable as a witness if his or her exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of an authentication for the purpose of preventing the witness from attending or testifying. (b) Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. (c) Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings produced at a time when the device producing the items was not being operated by an individual person or was not under the personal control or in the presence of an individual operator shall be admissible in evidence when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered, provided that, prior to the admission of such evidence, the date and time of such photograph, motion picture, or video recording shall be contained on such evidence, and such date and time shall be shown to have been made contemporaneously with the events depicted in such photograph, motion picture, or video recording. (d) This Code section shall not be the exclusive method of introduction into evidence of photographs, motion pictures, video recordings, and audio recordings but shall be supplementary to any other law and lawful methods existing in this state.

24-9-924. (a) Any court may receive and use as evidence in any proceeding information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of such records.

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(b) Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal proceeding information otherwise admissible from the records of the Department of Driver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information.

CHAPTER 10

24-10-1001. As used in this chapter, the term:
(1) 'Writing' or 'recording' means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, or mechanical or electronic recording or other form of data compilation. (2) 'Photograph' includes still photographs, X-ray films, video recordings, and motion pictures. (3) 'Original' means the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original. (4) 'Duplicate' means a counterpart produced by the same impression as the original or from the same matrix or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, chemical reproduction, or other equivalent techniques which accurately reproduce the original. (5) 'Public record' shall have the same meaning as set forth in Code Section 24-8-801.

24-10-1002. To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required.

24-10-1003. A duplicate shall be admissible to the same extent as an original unless:
(1) A genuine question is raised as to the authenticity of the original; or (2) A circumstance exists where it would be unfair to admit the duplicate in lieu of the original.

24-10-1004. The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

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(2) No original can be obtained by any available judicial process or procedure; (3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or (4) The writing, recording, or photograph is not closely related to a controlling issue.

24-10-1005. The contents of a public record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by duplicate, certified as correct in accordance with Code Section 24-9-902 or Code Section 24-9-920 or testified to be correct by a witness who has compared it with the original. If a duplicate which complies with this Code section cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

24-10-1006. The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that the contents of such writings, recordings, or photographs be produced in court.

24-10-1007. The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.

24-10-1008. When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104; provided, however, that when an issue is raised as to:
(1) Whether the asserted writing, recording, or photograph ever existed; (2) Whether another writing, recording, or photograph produced at the trial is the original; or (3) Whether other evidence of the contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

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CHAPTER 11 ARTICLE 1

24-11-1. As used in this chapter, the term:
(1) 'Custodian' means the person charged with the duty of maintaining public records. (2) 'Duplicate' means a counterpart which accurately reproduces the original. (3) 'Public record' shall have the same meaning as set forth in Code Section 24-8-801.

24-11-2. (a) Where any original public records have been lost, mutilated, stolen, or destroyed, the custodian may establish duplicates in accordance with the provisions of this article. When such public records are established by duplicates, they shall have all of the effect in evidence as the original records would have had. (b) The custodian of the lost, mutilated, stolen, or destroyed public records shall bring a petition to establish such records in the superior court of the county in which the public records were located. (c) The petition shall set forth the fact that some portion of the public records has been lost, mutilated, stolen, or destroyed, specifying as nearly as may be possible the books or parts of the books in which those records existed, and shall pray for the establishment of such records.

24-11-3. (a) The court shall either appoint an auditor for such petition in accordance with Chapter 7 of Title 9 or shall conduct a hearing on the petition. If an auditor is appointed, the provisions of Code Sections 9-7-1 through 9-7-16 and Code Section 9-7-21 shall apply to such proceedings. An auditor shall receive compensation for services rendered as may be allowed by the court, to be paid out of the funds of the office of the custodian whose records were lost, mutilated, stolen, or destroyed. (b) If the court hears the petition, after receiving evidence, the court shall determine whether the purported duplicate is, in fact, the same as the original record which has been lost, mutilated, stolen, or destroyed, and it shall be discretionary with the court to order the whole or any part of such records established. The court shall give precedence to a petition filed pursuant to this article and hear the petition as speedily as possible. (c) The duplicates which are established pursuant to this Code section, as nearly as may be possible, shall specify and conform to the original book and pages of the same on which they originally existed.

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ARTICLE 2

24-11-20. (a) Upon the loss of any original pleading, declaration, bill of indictment, special presentment, accusation, or other office paper, a duplicate may be established instanter on motion. (b) As used in this article, the term 'office paper' means the instrument upon which a proceeding has been brought after the case has gone to trial.

24-11-21. (a) The owner, agent of the owner, or legal representative of the owner of any bond, bill, note, draft, check, or other evidence of indebtedness which has been lost or destroyed may establish a duplicate of the same in a summary manner by filing a petition with the judge of the probate court of the county of the residence of the alleged debtor or maker, if he or she is a resident of this state; and the judge of the probate court shall be deemed a judicial officer for the purpose of this Code section. The petition shall be sworn to by the party applying and shall contain as full and accurate a description as possible of the lost paper, of the loss and mode of loss, and of the inability to find the same and why, along with a prayer for the establishment of a duplicate setting forth the duplicate desired to be established. (b) Upon the filing of a petition, the judge shall issue a citation or notice to the alleged debtor or maker requiring the debtor or maker to appear at a day not more than ten days distant and show cause, if he or she has any, why the duplicate should not be established in lieu of the lost original. The citation or notice shall be personally served in the manner provided in Code Section 9-11-4 at least five days before the time of the hearing. (c) If no successful defense is made at the time and place appointed, the judge shall proceed to establish, by an order entered on the petition, the duplicate so prayed to be established, which shall have all the effect of the original. The petition, notice, and order shall be entered in a book of record specially prepared for this purpose. (d) If the debtor or maker files a defense under oath to the effect that the original never existed as claimed, the judge shall decide the case, after giving the parties time for preparation and hearing, not to exceed 20 days. If the judge's decision is in favor of the applicant and no appeal is entered as provided in subsection (e) of this Code section, the decision shall be entered on the petition, and the duplicate so established shall have the same effect as an original. If the judge's decision is in favor of the alleged debtor or maker, the judge shall also enter his or her decision on the petition. In all cases, the proceedings shall be recorded as provided in subsection (c) of this Code section. (e) Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the proceedings provided for in this Code section is dissatisfied, such party may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the superior court. The appeal shall be tried in the superior court from all the pleadings

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and proceedings as were before the judge of the probate court. In the superior court, the case shall be tried and determined as provided in Code Sections 24-11-23 through 24-11-26. (f) This Code section shall not apply to evidences of indebtedness to which Title 11, the 'Uniform Commercial Code,' is applicable.

24-11-22. When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-11-21 does not reside in this state, the alleged debtor or maker may be made a party to the proceedings by publication, in a newspaper to be designated by the judge of the probate court, twice a month for two months. When the person has been made a party, this article shall apply in his or her case.

24-11-23. (a) The owner of a lost or destroyed paper which is not an office paper, as defined in Code Section 24-11-20, who desires to establish such paper shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a duplicate, in substance, of the paper lost or destroyed, as nearly as he or she can recollect, which duplicate shall be sworn to by the petitioner, the petitioner's agent, or the petitioner's attorney. (b) The clerk shall issue a rule nisi in the name of the judge of the superior court calling upon the opposite party to show cause, if he or she has any, why the duplicate sworn to should not be established in lieu of the lost or destroyed original. If the respondent is found in this state, the rule nisi shall be served personally upon the respondent in the manner provided by Code Section 9-11-4 at least 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule nisi shall be served upon the respondent by publication in the manner provided in Code Section 9-11-4 before the final hearing of the rule nisi.

24-11-24. In a proceeding to establish lost papers under Code Section 24-11-23, no continuance shall be granted unless it appears reasonable and just to the court; nor shall a continuance be allowed to the same party more than once, except for providential cause.

24-11-25. When a rule nisi has been served as provided in Code Section 24-11-23, the court shall grant a rule absolute establishing the duplicate of the lost or destroyed paper sworn to, unless good and sufficient cause is shown why the rule absolute should not be granted.

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24-11-26. When the duplicate of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the duplicate to the party who had it established, with a certified endorsement thereon of the day and term of the court when the rule absolute was granted, provided all costs of the proceeding have been paid.

24-11-27. (a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which a proceeding may be brought, the owner may institute a proceeding thereon as soon as the rule nisi has been issued as provided for in Code Section 24-11-23. The complaint shall set forth that the paper upon which the proceeding is based is lost or destroyed. In no case shall a judgment be entered in the proceeding until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other proceedings. (b) In a proceeding as provided for in subsection (a) of this Code section, production of the paper upon which the proceeding is based shall not be demanded until the time for rendition of judgment in the proceeding; at that time, if the plaintiff produces a duplicate of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section 24-11-26, it shall be taken and considered as the original. (c) This Code section shall not apply to instruments to which Title 11, the 'Uniform Commercial Code,' is applicable.

24-11-28. In all proceedings for the purpose of establishing any lost or destroyed paper other than an office paper, as defined in Code Section 24-11-20, any person whose interest will be affected by the establishment of the lost paper shall, upon motion, by order of the court, be made a party respondent in the proceeding and shall be allowed all the rights of defense against the establishment of the paper as fully as if he or she was the maker of the lost paper.

24-11-29. Other than Code Section 24-11-20, this article shall not apply to lost or destroyed papers to which Title 11, the 'Uniform Commercial Code,' is applicable.

CHAPTER 12 ARTICLE 1

24-12-1. (a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of this state or other governmental

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unit, shall be required to release any medical information concerning a patient except to the Department of Community Health, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness. (b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding.

24-12-2. (a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in judicial and administrative proceedings is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research data has more than local significance, is of equal importance to all citizens of this state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of this state. (b) As used in this Code section, the term 'confidential raw research data' means medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which are gathered by or provided to a researcher:
(1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and

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(2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results. The term shall not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study. (c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any judicial or administrative proceeding in any court except as otherwise provided in subsection (d) of this Code section. (d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or administrative proceeding as follows: (1) Confidential raw research data related to a person may be disclosed to that person or to another person on such person's behalf where the authority is otherwise specifically provided by law; (2) Confidential raw research data related to a person may be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant; (3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if such data are required by law or regulation to be reported to such agency or department; (4) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, including, but not limited to, any judicial or administrative proceeding in which a research participant places his or her care, treatment, injuries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or administrative proceeding shall not be disclosed, unless the researcher or sponsor is a defendant in such proceeding; (5) Confidential raw research data may be disclosed in any judicial or administrative proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to such proceeding; and (6) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relevant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data, and admit confidential raw research data into evidence if the data are material to the defense or prosecution. (e) Nothing in this Code section shall be construed to permit, require, or prohibit the disclosure of confidential raw research data in any setting other than a judicial or administrative proceeding that is governed by the requirements of this title.

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(f) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made.

ARTICLE 2

24-12-10. As used in this article, the term:
(1) 'Confidential or privileged' means the protection afforded by law from unauthorized disclosure, whether the protection is afforded by law as developed and applied by the courts, by statute or lawful regulations, or by the requirements of the Constitutions of the State of Georgia or the United States. The term 'confidential or privileged' also includes protection afforded by law from compulsory process or testimony. (2) 'Disclosure' means the act of transmitting or communicating medical matter to a person who would not otherwise have access thereto. (3) 'Health care facility' means any institution or place in which health care is rendered to persons, which health care includes, but is not limited to, medical, psychiatric, acute, intermediate, rehabilitative, and long-term care. (4) 'Laws requiring disclosure' means laws and statutes of the State of Georgia and of the United States and lawful regulations issued by any department or agency of the State of Georgia or of the United States which require the review, analysis, or use of medical matter by persons not originally having authorized access thereto. The term 'laws requiring disclosure' also includes any authorized practice of disclosure for purposes of evaluating claims for reimbursement for charges or expenses under any public or private reimbursement or insurance program. (5) 'Limited consent to disclosure' means proper authorization given by or on behalf of a person entitled to protection from disclosure of medical matter and given for a specific purpose related to such person's health or related to such person's application for insurance or like benefits. (6) 'Medical matter' means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained, or communicated. (7) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing. (8) 'Physician' means any person lawfully licensed in this state to practice medicine and surgery pursuant to Chapter 34 of Title 43.

24-12-11. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any

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way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made.

24-12-12. Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section 24-12-11 shall utilize such matter only in connection with the purpose or purposes of such disclosure and thereafter shall keep such matter in confidence. However, nothing in this article shall prohibit the use of such matter where otherwise authorized by law.

24-12-13. Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure.

24-12-14. Nothing in this article shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection with medical and public education.

ARTICLE 3

24-12-20. AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-12-21.

24-12-21. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Except as otherwise provided in this Code section:
(1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS confidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and (2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall:

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(A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity. (c) AIDS confidential information shall be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian. (d) AIDS confidential information shall be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian. (e) AIDS confidential information shall be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department. (f) The results of an HIV test shall be disclosed to the person, or that person's designated representative, who ordered such tests of the body fluids or tissue of another person. (g) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made. (h)(1) 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 Community Health: (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. (2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Community Health is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Community Health the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Community Health. (3) The Department of Community Health may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with

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HIV to the board of health of the county in which that person resides or is located if reasonably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Community Health or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person; (B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and (C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the Department of Community Health likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty. (i) Any health care provider authorized to order an HIV test may disclose AIDS confidential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or (2) Has a legitimate need for that information in order to provide that health care service to that patient. (j) A health care provider or any other person or legal entity authorized but not required to disclose AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A health care provider or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor. (k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or

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incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof. (l) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee shall be authorized to make such disclosure to the person at risk. (m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclosure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those designated employees may thereafter disclose to and provide for the disclosure of that information among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees shall only be authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is authorized or required to be made to that physician, health care provider, or legal entity. (n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made. (o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor. (p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confidential information except that such information does not permit the identification of any person. (q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-66.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record. (r) Any person or legal entity required by an order of a court to disclose AIDS confidential information in the custody or control of such person or legal entity shall disclose that information as required by that order. (s) AIDS confidential information shall be disclosed as medical information pursuant to Code Section 24-12-1 or pursuant to any other law which authorizes or requires the disclosure of medical information if:
(1) The person identified by that information:

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(A) Has consented in writing to that disclosure; or (B) Has been notified of the request for disclosure of that information at least ten days prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or (2) A superior court in an in camera hearing finds by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal. (t)(1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to: (A) A prosecutor in connection with a prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60; (B) Any party in a civil proceeding; or (C) A public safety agency or the Department of Community Health if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of that employee, and, for purposes of this subsection, the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph. (2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. (3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the information is sought. The disclosure to the parties of that person's true name shall be communicated confidentially, in documents not filed with the court. (4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party.

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(5) Court proceedings as to disclosure of AIDS confidential information under this subsection shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court. (6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspection that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. (7) The record of the proceedings under this subsection shall be sealed by the court. (8) An order may not be issued under this subsection against the Department of Community Health, any county board of health, or any anonymous HIV test site operated by or on behalf of that department. (u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct. (v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communicable disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV. (w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or (2) Has a legitimate need for that information in order to provide that health care service to that patient. (x) Neither the Department of Community Health nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is authorized or required by this Code section or any other law, except that such information

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in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process. (y) The protection against disclosure provided by Code Section 24-12-20 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his or her heirs, successors, assigns, or a beneficiary of such person, including, but not limited to, an executor, administrator, or personal representative of such person's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim; (2) Places such person's care and treatment, the nature and extent of his or her injuries, the extent of his or her damages, his or her medical condition, or the reasons for his or her death at issue in any judicial proceeding; or (3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan. (z) AIDS confidential information may be collected, used, and disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33. (aa) In connection with any judicial proceeding in which AIDS confidential information is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confidential information, establish a chain of custody relating thereto, or otherwise testify regarding that information, including, but not limited to, testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Community Health or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60. (bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, developmentally disabled, or alcoholic or drug dependent, or as a part of any proceeding or procedure authorized or required pursuant to Title 29, regarding the guardianship of a person or that person's estate, as follows: (1) Any person who files or transmits a petition or other document which discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page which contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically contains AIDS confidential information;

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(2) AIDS confidential information shall only be disclosed pursuant to this subsection after disclosure to and with the written consent of the person identified by that information, or that person's parent or guardian if that person is a minor or has previously been adjudicated as being incompetent, or by order of court obtained in accordance with subparagraph (C) of paragraph (3) of this subsection; (3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which discloses AIDS confidential information without obtaining consent as provided in paragraph (2) of this subsection, the court receiving such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or:
(A) Return such petition or other document to the person who filed or transmitted same, with directions against further filing or transmittal of such information in connection with such proceeding or procedure except in compliance with this subsection; (B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or
(C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney personally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service. (ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evidence of a compelling need for the AIDS confidential information sought in connection with the particular proceeding or procedure which cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and

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(4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of medical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, provided that the identity of the person identified by such information is not thereby revealed.

ARTICLE 4

24-12-30. (a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and shall not be disclosed except:
(1) To members of the library staff in the ordinary course of business; (2) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or (3) Upon appropriate court order or subpoena. (b) Any disclosure authorized by subsection (a) of this Code section or any unauthorized disclosure of materials made confidential by subsection (a) of this Code section shall not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made. A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor.

24-12-31. No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The confidentiality provided by this Code section shall be waived to the extent that the veterinarian's client places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any judicial proceeding. As used in this Code section, the term 'client' means the owner of the animal; or if the owner of the animal is unknown, client means the person who presents the animal to the veterinarian for care and treatment.

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CHAPTER 13 ARTICLE 1

24-13-1. A witness shall not be arrested on any civil process while attending any court to which he or she is subpoenaed or otherwise required to attend as a witness or while going to or returning from such court. An officer who holds such witness imprisoned after seeing his or her subpoena or being satisfied of the fact that such person was a witness shall be liable for false imprisonment.

24-13-2. A witness in making a claim or proof of a claim for witness fees for attendance shall indicate the date on which he or she attended and, in the event of a continuance, shall not claim or receive witness fees for any day after the date to which the docket shows the proceeding was continued nor for any day before the continuance was granted on which he or she did not attend.

24-13-3. (a) A witness shall not receive any witness fees for attendance on a subpoena if such witness is absent from the proceeding, or if the proceeding is continued at any time due to his or her absence, where such absence did not arise from providential cause. (b) No witness shall receive witness fees from both parties in the same proceeding; the fees of a witness for both parties shall be apportioned equally between the parties unless the costs are all taxed against one party.

24-13-4. A witness who claims more than is due to such witness shall forfeit all witness fees and shall pay to the injured party, in addition thereto, four times the amount so unjustly claimed.

24-13-5. When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his or her possession to be used as testimony on the trial of any cause, if the person makes oath that he or she cannot produce the books required without suffering a material injury in his or her business and also makes or causes to be made out a full transcript from the books of all the accounts and dealings with the opposite party, has the transcript examined and sworn to by an impartial witness, and produces the same in court, the witness shall be deemed to have complied with the notice to produce or subpoena for the production of evidence.

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24-13-6. When the transcript provided for in Code Section 24-13-5 is produced in court, if the adverse party is dissatisfied therewith and swears that he or she believes that the books contain entries material to the adverse party which do not appear in the transcript, the court shall grant him or her a commission directed to certain persons named by the parties and approved by the court. The commission shall cause the person with possession of the books to produce the books required with the person swearing that the books produced are all that he or she has or had that answer to the description in the subpoena or notice to produce. The commission shall examine the books and transmit to the court a full and fair statement of the accounts and entries between the parties under their hand. When received by the court, the statement of the commission shall be deemed a compliance with the notice to produce or subpoena for the production of evidence.

24-13-7. Parties interested and participating in the trial of all cases tried in the courts are authorized and empowered, on the order of the court trying the case, to withdraw from the court and record of the case all original deeds, maps, blueprints, notes, papers, and documents belonging to the parties and which are introduced in evidence on the trial, on substituting therefor, when required by the court, duplicates thereof, verified as such by the parties or their agents, representatives, or attorneys. However, if any such deeds, maps, blueprints, notes, papers, or documents shall be attacked by any party to the case as forgeries, or as not being genuine originals, it shall be in the discretion of the court to require the original deeds, maps, blueprints, notes, papers, or documents so attacked to remain on file in the court as a part of the record in the case.

ARTICLE 2

24-13-20. This article shall apply to all civil proceedings and, insofar as consistent with the Constitution, to all criminal proceedings.

24-13-21. (a) As used in this Code section, the term 'subpoena' includes a witness subpoena and a subpoena for the production of evidence. (b) A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena. (c) The clerk of court shall make subpoenas in blank available on demand by electronic or other means to parties or their counsel or to the grand jury.

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(d) An attorney who is counsel of record in a proceeding may issue and sign a subpoena obtained by electronic or other means from the clerk of court as an officer of a court for any deposition, hearing, or trial held in conjunction with such proceeding. (e) A district attorney may issue, and upon the request of the grand jury shall issue, a subpoena in grand jury proceedings. (f) A subpoena shall be completed prior to being served. (g) Subpoenas are enforceable as provided in Code Section 24-13-26. (h) If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days imprisonment, or both.

24-13-22. At the request of any party, subpoenas for attendance at a hearing or trial shall be issued under the authority of the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within this state.

24-13-23. (a) A subpoena may also command the person to whom it is directed to produce the evidence designated therein. (b) The court, upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive; or (2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the evidence.

24-13-24. A subpoena may be served by any sheriff, by his or her deputy, or by any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his or her counsel of record.

24-13-25. Except as provided in Code Section 24-13-28, the witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of witness fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, shall be accompanied by tender of the witness fee for one day's attendance plus mileage of 45 per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender

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of witness fees and mileage may be made by United States currency, postal money order, cashier's check, certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of this state, or an officer, agency, or political subdivision thereof, or an accused in a criminal proceeding, witness fees and mileage need not be tendered.

24-13-26. (a) Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required. (b) The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required. (c) When evidence is unsuccessfully sought, secondary evidence thereof shall be admissible.

24-13-27. Where a party desires to compel production of evidence in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfected in accordance with Code Section 24-13-24, but no witness fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by Code Section 24-13-26, and Code Section 24-13-23 shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or the party's attorney, and shall be directed to the opposite party or his or her attorney.

24-13-28. (a) As used in this Code section, the term:
(1) 'Director' means the appropriate chief of police, sheriff, director of public safety of a college or university, local fire chief, director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the commissioner of natural resources, the superintendent of a correctional institution, or the state fire marshal. (2) 'Law enforcement officer' means any member of a municipal or county police force, any deputy sheriff, any campus policeman as defined in Code Section 20-8-1, any member of a local fire department, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, any person employed by the

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Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office. (3) 'Regular duty hours' means the daily shift of duty to which a law enforcement officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday leave, or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency. (b) Any law enforcement officer who shall be required by subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, grand jury, hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director or his or her designee shall certify that the claimant has not received any overtime pay for his or her attendance and that his or her attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such law enforcement officer shall claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the law enforcement officer may have received requiring such officer to appear in such court or before the grand jury on any one day. (c)(1) Except as provided in paragraph (2) of this subsection, any law enforcement officer who shall be required by subpoena to attend any court of this state with respect to any civil proceeding, as a witness concerning any matter relative to the law enforcement duties of such law enforcement officer during any hours except the regular duty hours to which the law enforcement officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. Any such law enforcement officer shall also be entitled to the mileage allowance provided in Code Section 24-13-25 when such law enforcement officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify such statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director or his or her designee shall certify that the claimant has not received any overtime pay for the law enforcement officer's attendance and that such law enforcement officer's attendance was required during hours other than regular duty hours.

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(2) Any law enforcement officer covered by paragraph (1) of this subsection who is required by subpoena to attend any court with respect to any civil proceeding, as a witness concerning any matter which is not related to the duties of such law enforcement officer, shall be compensated as provided in Code Section 24-13-25. (d) The fee specified by subsections (b) and (c) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the subpoena.

24-13-29. No member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial or to produce evidence while the General Assembly is in regular or extraordinary session.

ARTICLE 3

24-13-60. (a) When a prisoner confined in any state prison, county correctional institution, or other penal institution under the jurisdiction of the Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any judicial proceeding in any court of record in this state or when it is desired that such person stand trial on an indictment or accusation charging the prisoner with commission of a felony or misdemeanor, the judge of the court wherein the proceeding is pending shall be authorized to and shall issue an ex parte order, directed to the commissioner of corrections, requiring the prisoner's delivery to the sheriff of the county where the prisoner is desired as a witness or accused. The sheriff or his or her deputies shall take custody of the prisoner on the date named in the order, safely keep the prisoner pending the proceeding, and return him or her to the original place of detention after the prisoner's discharge by the trial judge. (b) If the prisoner was desired as a witness by this state in a criminal proceeding or if the prisoner's release to the sheriff was for the purpose of standing trial on criminal charges, the county wherein the proceeding was pending shall pay all expenses of transportation and keeping, including per diem and mileage of the sheriff, jail fees, and any other proper expense approved by the trial judge. (c) If the prisoner was desired as a witness by the accused in a criminal proceeding or by either party to a civil proceeding, the costs and expenses referred to in subsection (b) of this Code section shall be borne by the party requesting the prisoner as a witness. The court shall require a deposit of money sufficient to defray same, except where the judge, after examining into the matter, determines that the prisoner's presence is required by the interests of justice and that the party requesting it is financially unable to make the deposit, in which case the expenses shall be taxed as costs of court. (d) If a prisoner under a death sentence is needed as a witness for either the prosecution or the defense in any felony case, the requesting party may interview the proposed witness.

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Following such interview, the requesting party may move for a writ of habeas corpus ad testificandum. Such motion shall be accompanied by a proffer of the testimony of the proposed witness. The requesting party shall make such motion and proffer as soon as possible but shall not make such motion later than 20 days prior to the date of the trial. Nothing in this Code section shall limit the right of a party from presenting a material witness at a hearing or trial and to have compulsory process for that purpose.

24-13-61. Any judge of the superior court may issue an order to any officer having a lawfully imprisoned person in his or her custody, requiring the production of such person before the court for the purpose of giving evidence in any criminal cause pending therein, without any formal application or writ of habeas corpus ad testificandum for that purpose.

24-13-62. The writ of habeas corpus ad testificandum may be issued by the superior court to cause the production in court of any witness under legal imprisonment.

ARTICLE 4

24-13-90. This article shall be known and may be cited as 'The Uniform Act to Secure the Attendance of Witnesses from Without the State.'

24-13-91. As used in this article, the term:
(1) 'Penal institution' means a jail, prison, penitentiary, house of correction, or other place of penal detention. (2) 'State' means any state or territory of the United States and the District of Columbia. (3) 'Summons' means a subpoena, order, or other notice requiring the appearance of a witness. (4) 'Witness' means a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal prosecution or proceeding held by the prosecution or the defense, including a person who is confined in a penal institution in any state.

24-13-92. (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in such prosecution or grand jury investigation, and that the witness's

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presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which the person is found, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel. (b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to such witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima-facie evidence of all the facts stated therein. (c) If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him or her for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima-facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state. (d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 45 a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $25.00 for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for in Code Section 24-13-26.

24-13-93. (a) A judge of a state court of record in another state which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state may certify that there is a criminal proceeding or investigation by a grand jury or a criminal proceeding pending in the court, that a person who is confined in a penal institution in this state is a material witness in the proceeding or investigation, and that the witness's presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him or her at the hearing.

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(b) If at the hearing the judge determines that the witness is material and necessary, that the witness attending and testifying are not adverse to the interest of this state or to the health and legal rights of the witness, that the laws of the state in which the witness is required to testify will give the witness protection from arrest and the service of civil and criminal process because of any act committed prior to the witness's arrival in the state under the order, and that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which the witness will be required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce the witness in the court where the criminal proceeding is pending or where the grand jury investigation is pending at a time and place specified in the order, and prescribing such conditions as the judge shall determine. The judge, in lieu of directing the person having custody of the witness to produce the witness in the requesting jurisdiction's court, may direct and require in the court's order that the requesting jurisdiction shall come to the Georgia penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction; that the requesting jurisdiction shall provide proper safeguards on the witness's custody while in transit; that the requesting jurisdiction shall be liable for and shall pay all expenses incurred in producing and returning the witness, including, but not limited to, food, lodging, clothing, and medical care; and that the requesting jurisdiction shall promptly deliver the witness back to the same or another Georgia penal institution as specified by the Department of Corrections at the conclusion of his or her testimony. (c) The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his or her testimony, proper safeguards on his or her custody, and proper financial reimbursement or prepayment by the requesting jurisdiction of all expenses incurred in the production and return of the witness and may prescribe such other conditions as the judge thinks proper or necessary. If the judge directs and requires the requesting jurisdiction to accept custody of the witness at the Georgia penal institution in which the witness is confined and to deliver the witness back to the same or another Georgia penal institution at the conclusion of the witness's testimony, no prepayment of expenses shall be necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed. (d) This Code section shall not apply to any person in this state confined as insane or mentally ill or under sentence of death.

24-13-94. (a) If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has

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commenced or is about to commence a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. (b) If the witness is summoned to attend and testify in this state, the witness shall be tendered the sum of 45 a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $25.00 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for in Code Section 24-13-26.

24-13-95. (a) If a person confined in a penal institution in any other state is a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investigation by a grand jury or a criminal proceeding pending in the court, that a person who is confined in a penal institution in the other state is a material witness in the proceeding or investigation, and that the witness's presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the confined prisoner, and a notice shall be given to the attorney general of the state in which the prisoner is confined. (b) The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

24-13-96. (a) If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state, such person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons. (b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons.

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24-13-97. This article shall be interpreted and construed so as to effectuate its general purpose to make uniform the laws of the states which enact it and shall be applicable only to such states as shall enact reciprocal powers to this state relative to the matter of securing attendance of witnesses as provided in this article.

ARTICLE 5

24-13-110. This article shall be known and may be cited as the 'Uniform Foreign Depositions Act.'

24-13-111. Whenever any mandate, writ, or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement such court of record is required to take the testimony of a witness in this state, such witness may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.

24-13-112. This article shall be interpreted and construed so as to effectuate its general purposes to make uniform the laws of those states which enact it.

ARTICLE 6

24-13-130. (a)(1) At any time after an accused has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the accused, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated evidence not privileged be produced at the same time and place. (2) At any time after an accused has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child, upon motion of the state or the accused, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of any physician whose testimony is relevant to such charge be taken by deposition and that any designated evidence not privileged be produced at the same time and place.
(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the proceeding and the witness:

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(1) Is in imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave this state and there are reasonable grounds to believe that such witness will be unable to attend the trial; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention. (c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and shall state: (1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted; (4) That the testimony of the witness is material to the proceeding or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section. (d) A motion to take a deposition shall be filed in the court having jurisdiction to try the accused for the offense charged; provided, however, that if the accused is charged with multiple offenses, only the court having jurisdiction to try the most serious charge against the accused shall have jurisdiction to hear and decide the motion to take a deposition. (e) The party moving the court for an order pursuant to this Code section shall give not less than one day's notice of the hearing to the opposite party. A copy of the motion shall be sent to the opposing party or his or her counsel by any means which will reasonably ensure timely delivery, including transmission by facsimile or by digital or electronic means. A copy of the notice shall be attached to the motion and filed with the clerk of court. (f) If the court is satisfied that the examination of the witness is authorized by law and necessary, the court shall enter an order setting a time period of not more than 30 days during which the deposition shall be taken. (g) On motion of either party, the court may designate a judge who shall be available to rule on any objections to the interrogation of the witness or before whom the deposition shall be taken. The judge so designated may be a judge of any court of this state who is otherwise qualified to preside over the trial of criminal proceedings in the court having jurisdiction over the offense charged.

24-13-131. (a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined.

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(b) On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. (c) The officer having custody of an accused shall be notified of the time and place set for the examination and shall, unless the accused waives in writing the right to be present, produce the accused at the examination and keep the accused in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the accused's removal from the place where the deposition is being taken, the accused persists in conduct which would justify exclusion from that place. (d) An accused not in custody shall have the right to be present at the examination; but failure of the accused to appear, absent good cause shown, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right. (e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55.

24-13-132. (a) If an accused is financially unable to employ counsel, the court shall appoint counsel as provided in Chapter 12 of Title 17, unless the accused elects to proceed without counsel. (b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid by the state by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys. (c) Depositions taken at the instance of an accused shall be paid for by the accused; provided, however, that, whenever a deposition is taken at the instance of an accused who is eligible for the appointment of counsel as provided in Chapter 12 of Title 17, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the accused and the accused's attorney for attendance at the examination, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, be paid for out of the fine and forfeiture fund of the county where venue is laid.

24-13-133. Except as provided in Code Section 24-13-137, a deposition shall be taken and filed in the manner provided in civil proceedings, provided that (1) in no event shall a deposition be taken of an accused party without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the accused, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil proceedings. Such request shall constitute a waiver by the accused of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over

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the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal proceeding.

24-13-134. The state or the accused shall make available to each other, for examination and use at the taking of a deposition pursuant to this article, any statement of the witness being deposed which is in the possession of the state or the accused and which would be required to be made available if the witness were testifying at the trial.

24-13-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering of all of it which is relevant to the part offered, and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying.

24-13-136. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil proceedings.

24-13-137. (a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a stenographic record. The audio-visual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be made available for viewing and copying only to the prosecuting attorney and accused's attorney prior to trial. An audio-visual recording made pursuant to this Code section shall not be available for inspection or copying by the public until such audio-visual recording has been admitted into evidence during a trial or hearing in the case in which such deposition is made. (b) An audio-visual recording made pursuant to this Code section may be admissible at a trial or hearing as an alternative to the stenographic record of the deposition. (c) A stenographic record of the deposition contemplated in this Code section shall be made pursuant to Code Section 9-11-28.

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24-13-138. Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court.

24-13-139. It is the intent of the General Assembly that depositions shall be taken in criminal proceedings only in exceptional circumstances when it is in the interests of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this article for the purpose of harassment or delay, such conduct may be punished as contempt of court.

ARTICLE 7

24-13-150. Superior courts may entertain proceedings for the perpetuation of testimony in all proceedings in which the fact to which the testimony relates cannot immediately be made the subject of investigation at law and in which, for any cause, the common-law proceeding authorized under this title is not as available, or as completely available, as a proceeding in equity.

24-13-151. A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate.

24-13-152. The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached.

24-13-153. Testimony taken in the proceedings contemplated under Code Section 24-13-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not.

24-13-154. The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony.

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CHAPTER 14 ARTICLE 1

24-14-1. The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation is essential to a party's case or defense, the proof of such negation or negative affirmation shall lie on the party so affirming it.

24-14-2. What amount of evidence will change the onus or burden of proof shall be a question to be decided in each case by the sound discretion of the court.

24-14-3. Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify a verdict of guilty.

24-14-4. In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts to which they testified, the probability or improbability of their testimony, their interest or want of interest, and their personal credibility so far as the same may legitimately appear from the trial. The jury may also consider the number of the witnesses, though the preponderance is not necessarily with the greater number.

24-14-5. Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may be false, but whether there is sufficient evidence to satisfy the mind and conscience beyond a reasonable doubt.

24-14-6. To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.

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24-14-7. The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply when two parties have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not.

24-14-8. The testimony of a single witness is generally sufficient to establish a fact. However, in certain cases, including prosecutions for treason, prosecutions for perjury, and felony cases where the only witness is an accomplice, the testimony of a single witness shall not be sufficient. Nevertheless, corroborating circumstances may dispense with the necessity for the testimony of a second witness, except in prosecutions for treason.

24-14-9. In arriving at a verdict, the jury, from facts proved, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.

ARTICLE 2

24-14-20. Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience.

24-14-21. Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof.

24-14-22. If a party has evidence in such party's power and within such party's reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted.

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24-14-23. In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, the party shall be presumed to admit the propriety of the acts mentioned in the letter of the party's correspondent and to adopt them.

24-14-24. In any proceeding 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 proceeding 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.

24-14-25. (a) As used in this Code section:
(1) 'Bank' means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) 'Check' means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as 'share draft' or 'negotiable order of withdrawal.' (b) In any dispute concerning payment by means of a check, a duplicate of the check produced in accordance with Code Section 24-10-1003, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a duplicate thereof produced in the same manner, shall create a presumption that the check has been paid.

24-14-26. (a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. (b) Estoppels include presumptions in favor of:
(1) A record or judgment unreversed; (2) The proper conduct of courts and judicial officers acting within their legitimate spheres; (3) The proper conduct of other officers of the law after the lapse of time has rendered it dangerous to open the investigation of their acts in regard to mere formalities of the law; (4) Ancient deeds and other instruments more than 30 years old, when they come from proper custody and possession has been held in accordance with them; (5) Recitals in deeds, except payment of purchase money, as against a grantor, sui juris, acting in his or her own right, and his or her privies in estate, in blood, and in law;

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(6) A landlord's title as against his or her tenant in possession; (7) Solemn admissions made in judicio; or (8) Admissions upon which other parties have acted, either to their own injury or to the benefit of the persons making the admissions. Estoppels also include all similar cases where it would be more unjust and productive of evil to hear the truth than to forbear investigation.

24-14-27. (a) Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party's acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge. (b) Where both parties have equal knowledge or equal means of obtaining the truth, there shall be no estoppel.

24-14-28. Trustees and other representatives with custody of papers have ample opportunities to discover defects in the title of property in their care and shall be estopped from setting up title adverse to their trust.

24-14-29. In order for an equitable estoppel to arise, there shall generally be some intended deception in the conduct or declarations of the party to be estopped, or such gross negligence as to amount to constructive fraud, by which another has been misled to his or her injury.

ARTICLE 3

24-14-40. (a) Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required. (b) In civil proceedings, parties shall generally be relieved from the onus of proving identity, as it is a fact generally more easily disproved than established.

24-14-41. An officer de facto may be proved to be such by his or her acts, without the production of his or her commission or appointment.

24-14-42. A judgment shall be admissible between any parties to show the fact of the rendition thereof; between parties and privies it is conclusive as to the matter directly in issue, until reversed or set aside.

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24-14-43. Stern's United States calendar and Stafford's office calendar shall be admissible in proof of dates for the space of time covered by them respectively without further proof.

24-14-44. In all civil proceedings where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person.

24-14-45. (a) In addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or of determining the present value of future due earnings or amounts in proceedings involving permanent personal injuries, there shall be admissible in evidence, as competent evidence in such proceedings, either or both of the following mortality tables:
(1) The Commissioners 1958 Standard Ordinary Mortality Table; or (2) Annuity Mortality Table for 1949, Ultimate. (b) In addition to the provisions set out in subsection (a) of this Code section, the jury or court shall be authorized in cases of wrongful death or permanent personal injuries to use any table determined by the jury or court, whichever is the trier of fact, to be accurate in showing the value of annuities on single lives according to the mortality tables listed in subsection (a) of this Code section. (c) The admissible evidence provided for in subsections (a) and (b) of this Code section shall not be the exclusive method which the jury or court is required to use in such proceedings but shall be supplementary to other lawful and allowable evidence and methods for such purpose.

24-14-46. All inspection certificates issued by the United States Department of Agriculture over the signature of any inspector thereof which are admissible in courts of the United States as prima-facie evidence of the truth of the statements therein contained shall be admissible in all courts of the State of Georgia as prima-facie evidence of the truth of the statements therein contained.

24-14-47. (a) A written finding of presumed death made by officers or employees of the United States authorized to make such findings pursuant to any law of the United States or a duly certified copy of such finding shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and the date, circumstances, and place of his or her disappearance.

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(b) An official written report, record, or duly certified copy thereof that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, made by an officer or employee of the United States authorized by any law of the United States to make the same shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, as the case may be. (c) For the purposes of subsections (a) and (b) of this Code section, any finding, report, record, or duly certified copy thereof purporting to have been signed by an officer or employee of the United States as is described in this Code section shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority."

SECTION 3. Code Section 4-11-17 of the Official Code of Georgia Annotated, relating to filing a report regarding animal cruelty, is amended by revising subsection (a) as follows:
"(a) Notwithstanding Code Section 24-12-31 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."

SECTION 4. Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to provisions applicable to the Department of Banking and Finance and financial institutions generally, is amended by revising Code Section 7-1-63, relating to retention of records, as follows:
"7-1-63. (a) The department shall issue regulations classifying records kept by financial institutions and prescribing the period, if any, for which records of each class shall be retained and the form in which such records shall be maintained. Such periods may be permanent or for a lesser term of years. In issuing such regulations, consideration shall be given to the objectives of this chapter and to:
(1) Evidentiary effect in actions at law and administrative proceedings in which the production of records of financial institutions might be necessary or desirable; (2) State and federal statutes of limitation applicable to such actions or proceedings; (3) Availability of information contained in the records of the financial institution from other sources;

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(4) Requirements of electronic systems of transferring funds; and (5) Other pertinent matters; so that financial institutions will be required to retain records for as short a period as is commensurate with interests of customers, shareholders, and the people of this state. (b) The regulations of the department shall not require financial institutions to maintain originals of checks or items for the payment of money or original computer tapes or original records with respect to accounts which have been inactive for a period of 12 successive months. Where a financial institution employs computers, its records may consist of legible products of computer operations."

SECTION 5. Said article is further amended by revising Code Section 7-1-94, relating to evidential value of results of examinations or investigations, as follows:
"7-1-94. When the record of any examination or investigation of a financial institution by the department or the report by the examiner or employee of the department who conducted such examination or investigation is admissible in evidence under Title 24, the department, with the permission of the court, may edit out of the record or report any portion thereof which is not pertinent to the issue in question before the court or which would tend unnecessarily to affect adversely the public confidence in the financial institution."

SECTION 6. Said article is further amended by revising Code Section 7-1-95, relating to the admissibility of department's certificates and copies, as follows:
"7-1-95. Reserved."

SECTION 7. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, is amended by revising Code Section 8-3-6, relating to resolution as conclusive evidence of authority's establishment and authority, as follows:
"8-3-6. In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this article upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially such terms as appear in subsection (a) of Code Section 8-3-5, no further detail being necessary, that either or both of the conditions enumerated in that subsection exist in the city or county, as the case may be."

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SECTION 8. Said article is further amended by revising Code Section 8-3-104, relating to resolution as conclusive evidence of an authority's establishment, as follows:
"8-3-104. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the regional housing authority, the regional housing authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become established and authorized to transact business and exercise its powers under this part upon proof of the adoption of a resolution by the governing body of each of the counties creating the regional housing authority declaring the need for the regional housing authority. Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially such terms as appear in paragraphs (1) and (2) of subsection (a) of Code Section 8-3-102, no further detail being necessary, that the conditions enumerated in those paragraphs exist. "

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-10-6, relating to juror's private knowledge, as follows:
"9-10-6. A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties."

SECTION 10. Said title is further amended by revising Code Section 9-10-9, relating to jurors' affidavits permitted to uphold but not impeach a verdict, as follows:
"9-10-9. Reserved."

SECTION 11. Said title is further amended by revising Code Section 9-11-44, relating to official records, as follows:
"9-11-44. Reserved."

SECTION 12. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-1-157, relating to collecting and testing samples of petroleum products and analyses as evidence, as follows:
"10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold,

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offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist. The Department of Agriculture shall have the power to implement rules and regulations necessary to carry out inspection of gasoline samples as provided for by this Code section."

SECTION 13. Said title is further amended by revising Code Section 10-1-188, relating to certified analyses as evidence, as follows:
"10-1-188. Reserved."

SECTION 14. Said title is further amended by revising Code Section 10-1-208, relating to certified analyses as evidence, as follows:
"10-1-208. Reserved."

SECTION 15. Said title is further amended by revising Code Section 10-1-444, relating to registration of marks, certificate, and use as evidence, as follows:
"10-1-444. Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trademark or service mark; the date claimed for the first use of the trademark or service mark anywhere and the date claimed for the first use of the trademark or service mark in this state; the class of goods or services and a description of the goods or services on which the trademark or service mark is used; a reproduction of the trademark or service mark; the registration date; and the term of the registration."

SECTION 16. Said title is further amended by revising Code Section 10-4-15, relating to inspections of warehouses and reports as evidence, as follows:
"10-4-15. In addition to the general powers conferred by Code Section 10-4-5, the Commissioner and his or her duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural products stored so as to ascertain the conditions of such products and to determine whether or not the business is conducted in such a manner as to protect the

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interest of persons who are storing or may store such products. The inspectors shall make sworn reports of their findings to the Commissioner, who shall hold and keep such reports in the records of his or her office. Such inspections shall be made as often as deemed necessary by the Commissioner, but not less than twice during any license period and, in addition, as often as requested by the warehouseman."

SECTION 17. Said title is further amended by revising Code Section 10-6-64, relating to agent may be a witness, credibility, and admissibility of agent's declarations, as follows:
"10-6-64. Reserved."

SECTION 18. Said title is further amended by revising Code Section 10-14-27, relating to evidence in civil or criminal actions under Chapter 14, as follows:
"10-14-27. Reserved."

SECTION 19. Code Section 14-9A-117 of the Official Code of Georgia Annotated, relating to certified copies admissible in evidence, is amended as follows:
"14-9A-117. Reserved."

SECTION 20. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-1-14, relating to participation in the Consortium for State Court Interpreter Certification, as follows:
"15-1-14. (a) The Supreme Court of Georgia shall establish rules and requirements for foreign language interpreters and interpreters for the hearing impaired utilized in the courts of this state and provide for the administration and enforcement of such rules. The Administrative Office of the Courts shall administer such rules, requirements, and enforcement. (b) The Supreme Court may establish fees to be paid by persons desiring certification to cover the costs of certifying, regulating, and training court qualified interpreters. (c) The Supreme Court may enter into and participate in the Consortium for Language Access in the Courts and in other similar multistate agreements and cooperative programs for the training, testing, and certification of interpreters. Such consortia, multistate agreements, and cooperative programs may:
(1) Utilize the auspices and services of the National Center for State Courts;

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(2) Provide for the common development, sharing, and distribution of tests, standards, educational materials, and programs and related work, and further provide for the copyright and other protection of intellectual property; (3) Charge fees for membership and other services and retain funds; (4) Provide for governance and management; and (5) Perform such other services and functions as may be reasonably related to such purposes and functions."

SECTION 21. Said title is further amended by revising Code Section 15-11-79.1, relating to the use and disposition of evidence, as follows:
"15-11-79.1. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records."

SECTION 22. Said title is further amended by revising subsection (b) of Code Section 15-11-84, relating to sharing of confidential information, as follows:
"(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15 or 15-11-9.1, subsection (d) of Code Section 15-11-10, or Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child."

SECTION 23. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-14.1, relating to district attorney investigators, as follows:
"(2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them

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under Chapter 14 of Title 17; Chapter 17 of Title 17, the 'Crime Victims' Bill of Rights'; Chapter 18 of Title 17; and Code Section 24-6-616;"

SECTION 24. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 15-18-15, relating to chief assistant district attorney, as follows:
"(2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section 24-5-507 and the laws of this state relating to the validation of bonds."
SECTION 25. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-5-27, relating to female genital mutilation, as follows:
"(e) The statutory privileges provided by Chapter 5 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under 18 years of age, but such person shall be compellable to give evidence only on the specific act for which the accused is charged."
SECTION 26. Said title is further amended by revising Code Section 16-12-55, relating to certification of tax-exempt status of organization and evidentiary nature of certificate, is amended as follows:
"16-12-55. The director shall upon the request of any prosecuting attorney or his or her designee certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The director shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate."
SECTION 27. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to Article 2 of Chapter 4, relating to arrest by law enforcement officers generally, to read as follows:

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"17-4-30. In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of Article 3 of Chapter 6 of Title 24."

SECTION 28. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 17-4-40, relating to persons who may issue warrants for arrest of offenders against penal laws, as follows:
"(4) At the warrant application hearing, the rules of evidence at a commitment hearing shall apply as set forth in paragraph (1) of subsection (d) of Code Section 24-1-2. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause."

SECTION 29. Said title is further amended by revising Code Section 17-7-25, relating to the power of the court to compel attendance of witnesses, as follows:
"17-7-25. A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all of the provisions of Chapter 13 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at least 24 hours prior to the hearing. A court of inquiry may order the arrest of witnesses if required to compel their attendance."

SECTION 30. Said title is further amended by revising Code Section 17-7-28, relating to hearing of evidence by court of inquiry and the right of a defendant to testify, as follows:
"17-7-28. The court of inquiry shall hear all legal evidence submitted by either party. If the accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, the accused may testify in his or her own behalf. If the accused elects to testify, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness. The rules of evidence shall apply except that hearsay shall be admissible. The failure of an accused to testify shall create no presumption against the accused, and no comment may be made because of such failure."

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SECTION 31. Said title is further amended by revising subsection (b) of Code Section 17-7-93, relating to reading of indictment or accusation and recording of 'guilty' pleas and pronouncement of judgment, as follows:
"(b) If the person pleads 'guilty,' the plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce the judgment of the law upon the person in the same manner as if he or she had been convicted of the offense by the verdict of a jury. At any time before judgment is pronounced, the accused person may withdraw the plea of 'guilty' and plead 'not guilty.'"

SECTION 32. Said title is further amended by revising Code Section 17-9-20, relating to action by juror on private knowledge as to facts, witnesses, or parties, as follows:
"17-9-20. A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties."

SECTION 33. Said title is further amended by revising Code Section 17-9-41, relating to the use of affidavits of jurors relating to verdict, as follows:
"17-9-41. Reserved."

SECTION 34. Said title is further amended by revising subparagraph (b)(3)(C) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant, as follows:
"(C) The defendant shall, no later than five days before the trial commences, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, the defendant shall produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the defendants or the defendant's counsel that relates to the subject matter of the testimony of such witnesses unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) of subsection (a) of Code Section 24-5-501."

SECTION 35. Said title is further amended by revising subsection (b) of Code Section 17-17-9, relating to exclusion of a testifying victim from criminal proceedings, as follows:
"(b) A victim of a criminal offense who has been or may be subpoenaed to testify at such hearing or trial shall be exempt from the provisions of Code Section 24-6-616 requiring

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sequestration; provided, however, that the court shall require that the victim be scheduled to testify as early as practical in the proceedings."

SECTION 36. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising subsection (d) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment, as follows:
"(d) Counsel; testimony. Any teacher, principal, or other person against whom such charges listed in subsection (a) of this Code section have been brought shall be entitled to be represented by counsel and, upon request, shall be entitled to have subpoenas or other compulsory process issued for attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board and shall be signed by the chairperson or vice chairperson of the local board. In all other respects, such subpoenas and other compulsory process shall be subject Article 2 of Chapter 13 of Title 24."

SECTION 37. Said title is further amended by revising Code Section 20-2-991, relating to liability insurance for performance of duties authorized and the admissibility of insurance in evidence, as follows:
"20-2-991. In addition to other compensation paid to members of the State Board of Education, the State School Superintendent, and employees of the state board, and to members of boards of education, school superintendents, teachers, principals, officers, and employees of boards of control of cooperative educational service agencies, and other administrators and employees of county and other local public school systems, the state board, the boards of control of cooperative educational service agencies, and the several boards of education of counties, cities, and independent school systems, whenever created, are authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of the state board, State School Superintendent, employees of the state board, officers and employees of boards of control of cooperative educational service agencies, and the members of the boards of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common-law, or other statutory rights, whether state, federal, or both. Such boards may expend state, county, federal, and local funds, or any combination thereof, for such purposes. The amount of such insurance or indemnity shall be in the discretion of the respective board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract."

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SECTION 38. Code Section 22-1-14 of the Official Code of Georgia Annotated, relating to valuation of condemned property, is amended as follows:
"22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-7-702 shall not apply."

SECTION 39. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing and electronically transmitted drug orders, is amended by revising subsection (d) as follows:
"(d) Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be released to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharmacist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-12-1, confidential information may be released to others only on the written release of the patient, court order, or subpoena."

SECTION 40. Code Section 28-1-16 of the Official Code of Georgia Annotated, relating to issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives, is amended by revising subsection (e) as follows:
"(e) A subpoena issued under this Code section may be served at any place in this state and in any manner authorized in Code Section 24-13-24. Fees and mileage shall be paid and tendered as provided in Code Section 24-13-25, notwithstanding the general exemption of the state from tender of fees and mileage, and shall be in the form of a check issued by the Legislative Fiscal Office upon the written request of the chairperson or acting chairperson."

SECTION 41. Code Section 29-9-13.1 of the Official Code of Georgia Annotated, relating to authentication of documents, is amended as follows:
"29-9-13.1. Whenever it is required that a document which is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-9-922 and paragraphs (1) through (4) of Code Section 24-9-902 and such full faith and credit shall be given to the document as is provided in that Code section."

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SECTION 42. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-5-5, relating to contents of official record as evidence and classification of privileged materials, as follows:
"31-5-5. The department and county boards of health are authorized by regulation to classify as confidential and privileged documents, reports and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions, where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interests of justice."

SECTION 43. Said title is further amended by revising Code Section 31-10-26, relating to certified copies of vital records, issuance, evidentiary effect, and use for other purposes, as follows:
"31-10-26. (a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to:
(A) The person whose record of birth is registered; (B) Either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and duplicates issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all duplicates issued. All forms and procedures used in the issuance

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of certified copies of vital records in this state shall be provided or approved by the state registrar. (b) The federal agency responsible for national vital statistics may be furnished such duplicates or data from the system of vital records as it may require for national statistics, provided such federal agency shares in the cost of collecting, processing, and transmitting such data and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar. (c) The state registrar may, by agreement, transmit duplicates of records and other reports required by this chapter to offices of vital records outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the duplicates be used for statistical and administrative purposes only and the agreement shall further provide for the retention and disposition of such duplicates. Duplicates received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this Code section. (d) No person shall prepare or issue any certificate which purports to be an original, certified copy or duplicate of a vital record except as authorized in this chapter or regulations adopted under this chapter. (e) No duplicates or parts thereof of a vital record shall be reproduced or information copied for commercial or speculative purposes. This subsection shall not apply to published results of research."

SECTION 44. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 31-21-3, relating to death of person with infectious or communicable disease, as follows:
"(3) That disclosure is made by a physician pursuant to Code Section 24-12-1 or any other law authorizing a physician to disclose otherwise privileged information;"

SECTION 45. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-2-2, relating to seal of Commissioner and admissibility in evidence of sealed documents, as follows:
"33-2-2. The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor. "

SECTION 46. Said title is further amended by revising subsection (b) of Code Section 33-20A-37, relating to the effect of favorable determinations, as follows:
"(b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entity's prior determination was appropriate."

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SECTION 47. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising subsection (a) of Code Section 34-9-60, relating to rule-making and subpoena powers, as follows:
"(a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require, by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. The board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Article 2 of Chapter 13 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court."

SECTION 48. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 34-9-102, relating to hearings before administrative law judges, as follows:
"(5) Code Section 24-8-826 shall not apply to workers' compensation claims filed under this chapter."

SECTION 49. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 34-9-108, relating to approval of attorney's fees by the board, as follows:
"(4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to reasonable attorney's fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-13-25; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript."

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SECTION 50. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:

"ARTICLE 6A

35-3-160. (a) As used in this article, the term:
(1) 'Department' means the Department of Corrections. (2) 'Division' means the Division of Forensic Services of the Georgia Bureau of Investigation. (3) 'State correctional facility' means a penal institution under the jurisdiction of the department, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the department. (b) Any person convicted of: (1) Rape in violation of Code Section 16-6-1; (2) Sodomy or aggravated sodomy in violation of Code Section 16-6-2; (3) Statutory rape in violation of Code Section 16-6-3; (4) Child molestation or aggravated child molestation in violation of Code Section 16-6-4; (5) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (6) Sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient in violation of Code Section 16-6-5.1; (7) Bestiality in violation of Code Section 16-6-6; (8) Necrophilia in violation of Code Section 16-6-7; or (9) Incest in violation of Code Section 16-6-22 shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the department upon entering the facility,

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and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the department. The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163.
(c)(1) On and after July 1, 2007, any person who is placed on probation shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person if such person is convicted of a felony violation of:
(A) Chapter 5 of Title 16; (B) Rape in violation of Code Section 16-6-1; (C) Sodomy or aggravated sodomy in violation of Code Section 16-6-2; (D) Statutory rape in violation of Code Section 16-6-3; (E) Child molestation or aggravated child molestation in violation of Code Section 16-6-4; (F) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (G) Sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient in violation of Code Section 16-6-5.1; (H) Bestiality in violation of Code Section 16-6-6; (I) Necrophilia in violation of Code Section 16-6-7; (J) Incest in violation of Code Section 16-6-22; (K) Burglary in violation of Code Section 16-7-1; (L) Robbery in violation of Code Section 16-8-40; (M) Armed robbery in violation of Code Section 16-8-41; (N) Impersonating a peace officer or public officer or employee in violation of Code Section 16-10-23; (O) Obstruction or hindering any law enforcement officer in violation of Code Section 16-10-24; (P) Article 4 of Chapter 11 of Title 16; or (Q) Chapter 13 of Title 16. (2) The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163. The department shall be responsible for collecting such sample.

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35-3-161. (a) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit or at such other place as is designated by the department. Each sample required pursuant to Code Section 35-3-160 from persons who are to be released from a state correctional facility or private correctional facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a department facility shall implement the provisions of this Code section as part of the regular processing of offenders. (b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample. (c) Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the division not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163.

35-3-162. Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director of the bureau or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise

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tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 35-3-160 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 35-3-163, the results of the analysis shall be securely stored and shall remain confidential.

35-3-163. (a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 35-3-160 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau. (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.
(c)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated. (2) The name of the convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes. (3) Upon a showing by the accused in a criminal proceeding that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a motion for a new trial, a superior court having proper jurisdiction over such criminal proceeding shall direct the bureau to compare a DNA profile which has been generated

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by the accused through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131. (d) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identity and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job. (e) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 35-3-164 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside this state. (f) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of this state.

35-3-164. (a) Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature. (b) Except for purposes of law enforcement or as authorized by this article, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any sample submitted to the division for analysis shall be guilty of a felony.

35-3-165. A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction."

SECTION 51. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising paragraph (2) of Code Section 36-74-25, relating to powers of enforcement boards created on or after January 1, 2003, as follows:

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"(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-13-24 to serve subpoenas;"

SECTION 52. Said title is further amended by revising paragraph (2) of Code Section 36-74-45, relating to powers of enforcement boards created prior to January 1, 2003, as follows:
"(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-13-24 to serve subpoenas;"

SECTION 53. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising subsections (b) and (c) of Code Section 37-3-166, relating to treatment of clinical records, when release is permitted, and scope of privileged communications, as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-5-501, 24-12-1, or 43-39-16."

SECTION 54. Said title is further amended by revising subsections (b) and (c) of Code Section 37-4-125, relating to treatment of clinical records and scope of privileged communications, as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way

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abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-5-501, 24-12-1, or 43-39-16."

SECTION 55. Said title is further amended by revising subsections (b) and (c) of Code Section 37-7-166, relating to maintenance, confidentiality, and release of clinical records and disclosure of confidential or privileged patient information, as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-5-501, 24-12-1, or 43-39-16."

SECTION 56. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (b) of Code Section 40-2-74, relating to special license plates for persons with disabilities, as follows:
"(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-6-651, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment."

SECTION 57. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, as follows:
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated

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custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Division of the Georgia Technology Authority in accordance with a contract authorized by subparagraph (c)(1)(B) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. ."

SECTION 58. Said title is further amended by revising subsection (d) of Code Section 40-5-58, relating to habitual violators, as follows:
"(d) Notwithstanding any contrary provisions of Code Section 17-7-95 or 24-4-410, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction."

SECTION 59. Said title is further amended by revising subsection (d) of Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, as follows:
"(d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-9-924 for the purposes of this Code section."

SECTION 60. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, as follows:
"(d)(1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-9-924 for the purposes of this Code section."

SECTION 61. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-5-52.2, relating to testing of prison inmates for HIV, as follows:
"(c) Each person tested as provided in subsection (b) of this Code section shall be notified by the department in writing of the results of such testing prior to his or her release. Prior to the release of any person testing positive for HIV, the appropriate information as required by Code Sections 24-12-21 and 31-22-9.2 or other law shall be provided by the

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department to the Department of Community Health. Prior to the release of any person testing positive for HIV, the department shall also provide to such person in writing contact information regarding medical, educational, and counseling services available through the Department of Community Health. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the prevention of the spread of such virus, and the legal consequences of infecting unknowing partners."

SECTION 62. Said title is further amended by revising Code Section 42-6-4, relating to the effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-10-60, as follows:
"42-6-4. If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section 24-13-60, provided no continuance has been granted, all detainers based upon the pending indictments or accusations shall be stricken and dismissed from the records of the department."

SECTION 63. Said title is further amended by revising subsection (a) of Code Section 42-6-5, relating to the temporary custody of inmate requesting disposition of pending indictment or accusation, as follows:
"(a) In response to the request of an inmate for final disposition of any pending indictment or accusation made pursuant to Code Section 42-6-3 or pursuant to an order of a court entered pursuant to subsection (a) of Code Section 24-13-60, the department shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county in which the indictment or accusation is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the department requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held."

SECTION 64. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising paragraph (5) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy, as follows:
"(5) An individual qualifying for the practice privilege under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with Code Section 24-7-702 for purposes of such services."

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SECTION 65. Said title is further amended by revising Code Section 43-6-6, relating to The Georgia Auctioneers Commission seal and receipt of copies of records and papers as evidence, as follows:
"43-6-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Auctioneers Commission, State of Georgia' and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission. "

SECTION 66. Said title is further amended by revising paragraph (11) of subsection (a) of Code Section 43-9-12, relating to The Georgia Board of Chiropractic Examiners' refusal, suspension, or revocation of licenses, as follows:
"(11)(A) Become unable to practice chiropractic with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. (B) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application for a license to practice chiropractic in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing chiropractic under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of chiropractic with reasonable skill and safety to patients. (C) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application to practice chiropractic in this state shall be deemed to have given his or her

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consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication. (D) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (B) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (C) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding."

SECTION 67. Said title is further amended by revising Code Section 43-11-12, relating to public inspection of the Georgia Board of Dentistry's records, as follows:
"43-11-12. It shall be the duty of the division director to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. "

SECTION 68. Said title is further amended by revising Code Section 43-18-8, relating to official records and affidavits of the State Board of Registration for Professional Geologists as evidence, as follows:
"43-19-8. Reserved."

SECTION 69. Said title is further amended by revising Code Section 43-23-3, relating to the seal of the Georgia Board of Landscape Architects and copies of records and papers as evidence, as follows:
"43-23-3. The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words 'Board of Landscape Architects, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board."

SECTION 70. Said title is further amended by revising Code Section 43-28-6, relating to service of process and documents on division director and records of the State Board of Occupational Therapy as prima-facie evidence, as follows:

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"43-28-6. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office."

SECTION 71. Said title is further amended by revising Code Section 43-29-4, relating to the State Board of Dispensing Opticians' records and seal, as follows:
"43-29-4. (a) The board shall have an official seal and shall keep a record of its proceedings and a register of persons whose licenses have been revoked. (b) The records of the board shall be open to public inspection, and it shall keep on file all examination papers for a period of 90 days after each examination."

SECTION 72. Said title is further amended by revising Code Section 43-33-9, relating to the State Board of Physical Therapy's records as prima-facie evidence, as follows:
"43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout this state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office."

SECTION 73. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 43-33-18, relating to refusal to grant or restore licenses, as follows:
"(2) Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit

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to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;"

SECTION 74. Said title is further amended by revising paragraph (13) of subsection (a) of Code Section 43-34-8, relating to the Georgia Composite Medical Board's authority to refuse license or discipline physicians, as follows:
"(13) Become unable to practice pursuant to this chapter with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee, certificate holder, permit holder, or applicant to submit to a mental or physical examination by physicians designated by the board. The expense of this examination shall be borne by the licensee, certificate holder, or permit holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute,

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including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing a profession regulated under this chapter or who shall file an application for a license to practice a profession regulated under this chapter in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee, certificate holder, or permit holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, certificate holder, permit holder, or applicant who is prohibited from practicing pursuant to this chapter under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin practice pursuant to this chapter with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board and any entity which has entered into a contract with the board pursuant to Code Section 43-34-5.1, if specifically provided for in such contract, may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee, certificate holder, or permit holder or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing pursuant to this chapter in this state or who shall file an application to practice pursuant to this chapter in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication; and (C) If any licensee, certificate holder, or permit holder or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee, certificate holder, or permit holder or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee, certificate holder, or permit holder or applicant in any other type of proceeding;"

SECTION 75. Said title is further amended by revising subsection (a) of Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, as follows:

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"(a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission."

SECTION 76. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-2-5, relating to recording execution and deed after sheriff's sale and evidence of execution where original is lost, as follows:
"44-2-5. A purchaser at a sheriff's sale may have the execution under which the property was sold recorded with his or her deed together with all the entries on the execution."

SECTION 77. Said title is further amended by revising Code Section 44-2-20, relating to recorded affidavits relating to land as notice of facts cited therein and the admissibility of such affidavits in evidence, as follows:
"44-2-20. (a) Recorded affidavits shall be notice of the facts therein recited, whether taken at the time of a conveyance of land or not, where such affidavits show:
(1) The relationship of parties or other persons to conveyances of land; (2) The relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands; (3) The age or ages of any person or persons connected with the chain of title; (4) Whether the land embraced in any conveyance or any part of such land or right therein has been in the actual possession of any party or parties connected with the chain of title; (5) The payment of debts of an unadministered estate; (6) The fact or date of death of any person connected with such title; (7) Where such affidavits relate to the identity of parties whose names may be shown differently in chains of title; (8) Where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or (9) Where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land. Any such affidavits may be made by any person, whether connected with the chain of title or not. (b) Reserved. (c) Affidavits referred to in subsection (a) of this Code section shall be filed by the clerk of the superior court of the county where the land is located and shall contain a caption referring to the current owner and to a deed or other recorded instrument in the chain of

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title of the affected land. The clerk of the superior court shall record such affidavits, shall enter on the deed or other recorded instrument so referred to the book and page number on which such affidavit may be recorded, and shall index same in the name of the purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed; and the clerk shall receive the same compensation therefor as for recording deeds to lands."

SECTION 78. Said title is further amended by revising Code Section 44-2-23, relating to when deed serves as evidence, as follows:
"44-2-23. Reserved."

SECTION 79. Said title is further amended by revising Code Section 44-2-101, relating to referral of case to examiner, as follows:
"44-2-101. Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the title to the land from public records and all other evidence of a trustworthy nature that can reasonably be obtained by the examiner, which abstract shall contain:
(1) Extracts from the records and other matters referred to therein which are complete enough to enable the court to decide the questions involved; (2) A statement of the facts relating to the possession of the lands; and (3) The names and addresses, so far as the examiner is able to ascertain, of all persons interested in the land as well as all adjoining owners showing their several apparent or possible interests and indicating upon whom and in what manner process should be served or notices given in accordance with this article. The preliminary report of the examiner shall be filed in the office of the clerk of the superior court on or before the return day of the court as stated in the process unless the time for filing the report is extended by the court."

SECTION 80. Said title is further amended by revising Code Section 44-4-3, relating to the duty of surveyors and processioners, as follows:
"44-4-3. It shall be the duty of the county surveyor and the processioners to take all due precautions to arrive at the true lines and to trace out and plainly mark the same. The surveyor shall make out and certify a plat of the true lines and deliver a copy thereof to the applicant; and,

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in all future boundary disputes with any owner of adjoining lands who had due notice of the processioning, the certified plat and the lines so marked shall be prima facie correct."

SECTION 81. Said title is further amended by revising Code Section 44-4-6, relating to general reputation as evidence, as follows:
"44-4-6. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line."

SECTION 82. Said title is further amended by revising Code Section 44-5-45, relating to when ancient deed admissible without proof of execution, as follows:
"44-5-45. Reserved."

SECTION 83. Said title is further amended by revising Code Section 44-13-11, relating to approval of application and transmittal of copy of exempted real property to other counties, as follows:
"44-13-11. If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: 'Approved this the ____ day of _______, ____,' filling the blanks, and shall sign the schedule and plat officially and hand such application to the clerk of the superior court of the clerk's county; and, when land out of the clerk's county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose."

SECTION 84. Said title is further amended by revising Code Section 44-14-38, relating to admission of mortgages into evidence, as follows:
"44-14-38. Reserved."

SECTION 85. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-9-1, relating to general provisions and disclosure or insurance or indemnification in legal actions, as follows:

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"45-9-1. (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 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 of this state for reasonable legal fees and other expenses incurred in the successful defense of any 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. (b) Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and state or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. (c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, the Department of Behavioral Health and Developmental Disabilities shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and

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collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Community Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services."

SECTION 86. Said title is further amended by revising Code Section 45-9-20, relating to authorization of purchase of insurance, as follows:
"45-9-20. In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other public body of this state is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees, or other elected or appointed officers against personal liability for damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or other statutory rights, whether state, federal, or local. Such municipalities, counties, and other public bodies may expend state, federal, and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county, or other public body. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract."

SECTION 87. Said title is further amended by revising Code Section 45-14-5, relating to the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General's seal and sealed copies treated as originals, as follows:
"45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General shall have an official seal for each office of such design as he or she shall select with the approval of the Governor. "

SECTION 88. Said title is further amended by revising Code Section 45-16-43, relating to receipt as evidence of records, findings, and reports of medical examiners' inquiries, as follows:

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"45-16-43. Reserved."

SECTION 89. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-2-53, relating to reports, rate schedules, orders, rules, or regulations of commission as admissible evidence in court proceedings, as follows:
"46-2-53. Reserved."

SECTION 90. Said title is further amended by revising Code Section 46-3-175, relating to receipt of certificates and certified copies in evidence, as follows:
"46-3-175. The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of any document filed with his or her office and of the certificate, if any, issued by the Secretary of State in connection with the filing of the document, under this article, upon payment to the Secretary of State of the fee provided for in Code Section 46-3-502."

SECTION 91. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-14, relating to the state revenue commissioner's official seal, as follows:
"48-2-14. The commissioner shall have an official seal of such device as he or she shall select, subject to the approval of the Governor."

SECTION 92. Said title is further amended by revising subsection (d) of Code Section 48-5-138, relating to the cashbook to be kept by tax collectors and tax commissioners, as follows:
"(d) The tax collector or tax commissioner shall make and file an accounting as required by Code Section 48-5-154. The record book shall be preserved by the tax collector or tax commissioner in the tax collector's or tax commissioner's office. The commissioner shall furnish the tax collectors and tax commissioners the book required pursuant to this Code section at the state's expense."

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SECTION 93. Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification and procedure, is amended by revising subsection (i) as follows:
"(i) No child under the age of 14 shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those contained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-8-820."

SECTION 94. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-5A-4, relating to bond to be recorded and filed and certified copy is admissible in evidence, as follows:
"50-5A-4. The bond of the state treasurer, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor."

SECTION 95. Said title is further amended by revising Code Section 50-18-96, relating to copies of records as primary evidence, as follows:
"50-18-96. Reserved."

SECTION 96. Code Section 52-6-8 of the Official Code of Georgia Annotated, relating to keeping of records by the Board of Pilotage Commissioners, is amended as follows:
"52-6-8. The commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. The commissioners shall designate one of their number as chairperson and cause a record thereof to be made. The commissioners shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. All persons interested shall have access to and be permitted to have duplicates of such records."

SECTION 97. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising subsection (b) of Code Section 53-5-33, relating to requisites for admission to ancillary probate, as follows:

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"(b) For purposes of ancillary probate of out-of-state wills, when the out-of-state will has been admitted to probate or established in the domiciliary jurisdiction, the will may be admitted to ancillary probate in solemn form upon production of a properly certified copy of the will and a properly authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, certified according to Code Section 24-9-922, and may be attacked or resisted on the same grounds as other judicial proceedings from a state of the United States."

SECTION 98. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 53-5-35, relating to muniments of title to realty, as follows:
"(1) Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section 24-9-922; and"

SECTION 99. Said title is further amended by revising Code Section 53-5-43, relating to evidence of authority, as follows:
"53-5-43. A copy of letters, or like documentation authenticated in accordance with Code Section 24-9-922, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected."

SECTION 100. Said title is further amended by revising Code Section 53-11-11, relating to authentication or exemplification of document, as follows:
"53-11-11. Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-922 and such full faith and credit shall be given to the document as is provided in that Code section."

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SECTION 101. This Act shall become effective on January 1, 2013, and shall apply to any motion made or hearing or trial commenced on or after such date.

SECTION 102. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2011.

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CRIMES CRIMINAL PROCEDURE SEXUAL OFFENSES; FORENSIC MEDICAL EXAMINATIONS.

No. 53 (House Bill No. 503).

AN ACT

To amend Chapter 6 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to sexual offenses and criminal procedure, respectively, so as to provide for funding of forensic medical examinations involved in certain sexual offenses; to provide for a definition; to provide for procedure; 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 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising subsection (c) of Code Section 16-6-1, relating to rape, as follows:
"(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

SECTION 2. Said chapter is further amended in Code Section 16-6-2, relating to sodomy, aggravated sodomy, and medical expenses, by revising subsection (c) as follows:
"(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the

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Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-72, relating to the right to free forensic medical examination, as follows:
"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 Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of this title."

SECTION 4. Said title is further amended in Code Section 17-15-2, relating to definitions for victim compensation, by revising paragraphs (6) through (9) as follows:
"(6) 'Forensic medical examination' means an examination provided to a person pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2 by a trained medical personnel in order to gather evidence. Such examination shall include, but shall not be limited to:
(A) An examination for physical trauma; (B) A determination as to the nature and extent of the physical trauma; (C) A patient interview; (D) Collection and evaluation of the evidence collected; and (E) Any additional testing deemed necessary by the examiner in order to collect evidence and provide treatment. (7) 'Fund' means the Georgia Crime Victims Emergency Fund. (8) 'Investigator' means an investigator of the board. (9) 'Serious mental or emotional trauma' means a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma. (10) 'Victim' means a person who: (A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime; (B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death; or (C) Suffers a serious mental or emotional trauma as a result of being present during the commission of a crime."

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SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"17-15-15. When a forensic medical examination is conducted, the cost of such examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such examination has health insurance or any other source of health care coverage."

SECTION 6. Said title is further amended by revising Code Section 17-18-2, relating to information for victims of rape or forcible sodomy, as follows:
"17-18-2. The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 17-18-1:
'INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY If you are the victim of rape or forcible sodomy, you have certain rights under the law. Rape or forcible sodomy by a stranger or a person known to you, including rape or forcible sodomy by a person married to you, is a crime. You can ask the government's lawyer to prosecute a person who has committed a crime. The government pays the cost of prosecuting for crimes. If you are the victim of rape or forcible sodomy, you should contact a local police department or other law enforcement agency immediately. A police officer will come to take a report and collect evidence. You should keep any clothing you were wearing at the time of the crime as well as any other evidence such as bed sheets. Officers will take you to the hospital for a medical examination. You should not shower or douche before the examination. The law requires that the Georgia Crime Victims Emergency Fund pay for the medical examination to the extent of the cost for the collection of evidence of the crime.'"

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

Approved May 3, 2011.

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CRIMES CRIMINAL PROCEDURE LAW ENFORCEMENT TRAFFICKING OF PERSONS; LABOR OR SEXUAL SERVITUDE.

No. 54 (House Bill No. 200).

AN ACT

To amend Titles 16, 17, and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses, criminal procedure, and law enforcement, respectively, so as to discourage trafficking of persons for labor or sexual servitude and provide greater protections to persons subject to such crimes; to increase the penalties for trafficking of persons for labor or sexual servitude; to change provisions relating to trafficking of persons for labor or sexual servitude; to provide that certain facts or circumstances shall not constitute a defense to the crime of trafficking of persons for labor or sexual servitude; to increase penalties for the crimes of keeping a place of prostitution, pimping, and pandering when the crimes involve certain youth; to provide for definitions; to provide for an affirmative defense to certain sexual crimes under certain circumstances; to change provisions relating to compensation from the Georgia Crime Victims Compensation Board; to provide for notification of federal assistance for certain persons under the Crime Victims' Bill of Rights; to provide for training for law enforcement investigating crimes involving trafficking persons for labor or sexual servitude; to provide that the Georgia Bureau of Investigation shall have the duty to investigate violations of Code Section 16-5-46 and shall have subpoena power under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offense, is amended by revising Code Section 16-5-46, relating to trafficking of persons for labor or sexual servitude, as follows:
"16-5-46. (a) As used in this Code section, the term:
(1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule;

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(C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; (D) Providing a controlled substance, as such term is defined by Code Section 16-13-21, to such person for the purpose of compelling such person to engage in labor or sexual servitude against his or her will; or (E) Causing or threatening to cause financial harm to any person or using financial control over any person. (2) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Performance' shall have the same meaning as set forth in Code Section 16-12-100. (5) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (6) 'Sexual servitude' means: (A) Any sexually explicit conduct or performance involving sexually explicit conduct for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct or performance involving sexually explicit conduct which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects another person to or maintains another person in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects another person to or maintains another person in sexual

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servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) The age of consent for sexual activity or the accused's lack of knowledge of the age of the person being trafficked shall not constitute a defense in a prosecution for a violation of this Code section. (e) The sexual history or history of commercial sexual activity of a person alleged to have been trafficked or such person's connection by blood or marriage to an accused in the case or to anyone involved in such person's trafficking shall be excluded from evidence if the court finds at a hearing outside the presence of the jury that the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. (f)(1) Except as provided in paragraph (2) of this subsection any accused who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, a fine not to exceed $100,000.00, or both. (2) Any accused who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, a fine not to exceed $100,000.00, or both; provided, however, that if the offense is committed against a person under 18 years of age and such person under the age of 18 years was coerced or deceived into being trafficked for labor or sexual servitude, the accused shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment, a fine not to exceed $100,000.00, or both. (g) All real and personal property of every kind used or intended for use in the course of, derived from, or realized through a violation of this Code section shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 16-14-7. Prosecuting attorneys and the Attorney General may commence forfeiture proceedings under this Code section. (h) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (i) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. (j) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under this Code section only if an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring."

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SECTION 2. Said title is further amended by revising subsections (a) and (b) of Code Section 16-6-13, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, as follows:
"(a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
(b)(1) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both. (2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person under the age of 16 years shall be guilty of a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years, a fine of not more than $100,000.00, or both. (3) Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."

SECTION 3. Said title is further amended by adding a new Code section to Article 1 of Chapter 3, relating to responsibility as a defense to criminal prosecutions, to read as follows:
"16-3-6. (a) As used in this Code section, the term:
(1) 'Coercion' shall have the same meaning as set forth in Code Section 16-5-46. (2) 'Deception' shall have the same meaning as set forth in Code Section 16-5-46. (3) 'Sexual crime' means prostitution, sodomy, solicitation of sodomy, or masturbation for hire as such offenses are proscribed in Chapter 6 of Title 16. (4) 'Sexual servitude' shall have the same meaning as set forth in Code Section 16-5-46. (b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed under coercion or deception while the accused was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46. (c) A defense based upon any of the provisions of this Code section shall be an affirmative defense."

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SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraphs (3) and (9) of Code Section 17-15-2, relating to definitions for victim compensation, as follows:
"(3) 'Crime' means: (A) An act which constitutes hit and run as defined in Code Section 40-6-270, homicide by vehicle as defined in Code Section 40-6-393, serious injury by vehicle as defined in Code Section 40-6-394, or any act which constitutes a violation of Code Section 16-5-46 or Chapter 6 or Part 2 of Article 3 of Chapter 12 of Title 16, a violation of Code Section 16-5-70, or a violent crime as defined by state or federal law which results in physical injury, serious mental or emotional trauma, or death to the victim and which is committed: (i) In this state; (ii) In a state which does not have a victims' compensation program, if the victim is a resident of this state; or (iii) In a state which has compensated the victim in an amount less than the victim would be entitled to pursuant to this chapter, if the victim is a resident of this state; (B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or (C) An act of mass violence which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed."
"(9) 'Victim' means a person who: (A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime; (B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death; (C) Suffers a serious mental or emotional trauma as a result of being present during the commission of a crime; or (D) Suffers a serious mental or emotional trauma as a result of being trafficked for labor or sexual servitude as defined in Code Section 16-5-46."

SECTION 5. Said title is further amended by revising subsection (e) of Code Section 17-15-7, relating to persons eligible for awards, as follows:
"(e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim; provided, however, that such ineligibility shall not apply if the claimant is a victim as defined in subparagraph (D) of paragraph (9) of Code Section 17-15-2."

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SECTION 6. Said title is further amended by revising subsection (a) of Code Section 17-15-8, relating to required findings and the amount of the award, as follows:
"(a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in the victim's physical injury, serious mental or emotional trauma, or financial hardship as a result of the victim's physical injury, serious mental or emotional trauma, or the victim's death; (3) Police records, records of an investigating agency, or records created pursuant to a mandatory reporting requirement show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records, records of an investigating agency, or records created pursuant to a mandatory reporting requirement show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified and provided, further, that good cause shall be presumed if the claimant is a victim as defined in subparagraph (D) of paragraph (9) of Code Section 17-15-2; and (4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible.
The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award"

SECTION 7. Said title is further amended by revising subsection (a) of Code Section 17-17-6, relating to notification to victim of accused's pretrial release and of victims' rights and the availability of victims' compensation and services, as follows:
"(a) Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language:
(1) The possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained; (2) The availability of victim compensation and, if the victim has been trafficked for labor or sexual servitude as defined in Code Section 16-5-46, compensation available through the federal government pursuant to 22 U.S.C. Section 7105; and (3) The availability of community based victim service programs."

SECTION 8. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by adding a new Code section to Chapter 1, relating to general provisions for law enforcement officers and agencies, to read as follows:

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"35-1-16. (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
(1) Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46; (2) Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on therapeutic facilities for such persons; and (3) Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on social service organizations available to assist such person. (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight."

SECTION 9. Said title is further amended by revising 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 (11), striking the period at the end of paragraph (12) and inserting "; or" in lieu thereof, and adding a new paragraph to read as follows:
"(13) Identify and investigate violations of Code Section 16-5-46."

SECTION 10. Said title is further amended by adding a new Code section to read as follows:
"35-3-4.3. (a) In any investigation of a violation of Code Section 16-5-46 involving trafficking of persons for labor or sexual servitude, 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 books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device. (b) Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or

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directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court."

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

Approved May 3, 2011.

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COURTS MENTAL HEALTH COURT DIVISIONS.

No. 55 (Senate Bill No. 39).

AN ACT

To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general court provisions, so as to create mental health court divisions; to provide for definitions; to provide for assignment of cases; to provide for planning groups and work plans; to provide for standards; to provide for staffing and expenses; to provide for completion of mental health court division programs; to provide for records, fees, grants, and donations; 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 15 of the Official Code of Georgia Annotated, relating to general court provisions, is amended by adding a new Code section to read as follows:
"15-1-16. (a) As used in this Code section, the term:
(1) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (2) 'Mental illness' shall have the same meaning as set forth in Code Section 37-1-1. (b)(1) To achieve a reduction in recidivism and symptoms of mental illness among mentally ill offenders in criminal cases and to increase their likelihood of successful rehabilitation through early, continuous, and intense judicially supervised treatment, any court that has jurisdiction over a criminal case in which a defendant has a mental illness or developmental disability, or a co-occurring mental illness and substance abuse disorder, may establish a mental health court division to provide an alternative to the traditional judicial system for disposition of such cases. A mental health court division

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will bring together mental health professionals, local social programs, and intensive judicial monitoring. (2) In any criminal case in which a defendant suffers from a mental illness or developmental disability, or a co-occurring mental illness and substance abuse disorder, and the defendant meets the eligibility criteria for the mental health court division, the court may refer the case to the mental health court division:
(A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (3) Each mental health court division shall establish a planning group to develop a written work plan. The planning group shall include judges, prosecuting attorneys, sheriffs or their designees, public defenders, probation officers, and persons having expertise in the field of mental health. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the mental health court division. The work plan shall include written eligibility criteria for the mental health court division. The mental health court division shall combine judicial supervision, treatment of mental health court division participants, and drug and mental health testing. Defendants charged with murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation, or child molestation shall not be eligible for entry into the mental health court division, except in the case of a separate court supervised reentry program designed to more closely monitor mentally ill offenders returning to the community after having served a term of incarceration. Any such court supervised community reentry program for mentally ill offenders shall be subject to the work plan as provided for in this paragraph. (4) The Judicial Council of Georgia shall adopt standards for the mental health court divisions. Each mental health court division shall adopt standards that are consistent with the standards of the Judicial Council of Georgia. The standards shall serve as a flexible framework for developing effective mental health court divisions and provide a structure for conducting research and evaluation for division accountability. The standards are not intended to be a certification or regulatory checklist. (5) The court instituting the mental health court division may request the district attorney for the judicial circuit or solicitor-general for the state court for the jurisdiction to designate one or more prosecuting attorneys to serve in the mental health court division and may request the circuit public defender, if any, to designate one or more assistant public defenders to serve in the mental health court division. (6) The clerk of the court instituting the mental health court division or such clerk's designee shall serve as the clerk of the mental health court division. (7) The court instituting the mental health court division may request other employees of the court to perform duties for the mental health court division. Such employees shall perform duties as directed by the judges of the mental health court division.

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(8) The court instituting the mental health court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the mental health court division, including probation supervision. (9) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such mental health court division, federal grant funds, and funds from private donations. (c)(1) Each mental health court division shall establish written criteria that define the successful completion of the mental health court division program. (2) If the mental health court division participant successfully completes the mental health court division program prior to the entry of judgment, the case against the mental health court division participant may be dismissed by the prosecuting attorney. (3) If the mental health court division participant successfully completes the mental health court division program as part of a sentence imposed by the court, the sentence of the mental health court division participant may be reduced or modified. (4) Any plea of guilty or nolo contendere entered pursuant to this Code section shall not be withdrawn without the consent of the court. (d) Any statement made by a mental health court division participant as part of participation in such court, or any report made by the staff of the court or program connected to the court, regarding a participant's mental health shall not be admissible as evidence against the participant in any legal proceeding or prosecution; provided, however, that if the participant violates the conditions of his or her participation in the division or is terminated from the mental health court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (e) Nothing contained in this Code section shall be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. (f) Notwithstanding any provision of law to the contrary, mental health court division staff shall be provided, upon request, with access to all records relevant to the treatment of the mental health court division participant from any state or local government agency, except records declared confidential by Code Section 49-5-40 to which access may be obtained pursuant to Code Section 49-5-41. All records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the mental health court division, and shall not be subject to Article 4 of Chapter 18 of Title 50 or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. Such records and the contents thereof shall be maintained by the mental health court division and originating court in a confidential file not available to the public. (g) Any fees received by a mental health court division from a mental health court division participant as payment for mental health treatment and services shall not be considered as court costs or a fine.

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(h) The court shall have the authority to accept grants and donations and other proceeds from outside sources for the purpose of supporting the mental health court division. Any such grants, donations, or proceeds shall be retained by the mental health court division for expenses."

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

Approved May 4, 2011.

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HEALTH ASSISTED LIVING COMMUNITIES; PERSONAL CARE HOMES.

No. 56 (Senate Bill No. 178).

AN ACT

To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to provide for the regulation and licensing of assisted living communities; to provide for legislative intent; to provide for procedures and criteria; to provide for requirements for medication aides; to revise provisions relating to personal care homes; to amend various provisions of the Official Code of Georgia Annotated, so as to provide changes for purposes of consistency and conformity; to provide for record checks; 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 31 of the Official Code of Georgia Annotated, relating to health care facilities, is amended by adding new Code sections to read as follows:
"31-7-12.2. (a) It is the intention of the General Assembly to establish a new licensure category of long-term care provider which shall be referred to as 'assisted living community.' An assisted living community shall be authorized, in accordance with this Code section, to provide certain services that are beyond the scope of services that a personal care home is authorized to provide. (b) As used in this Code Section, the term:
(1) 'Ambulatory' means the ability to move from place to place by walking, either unaided or aided by a prosthesis, brace, cane, crutches, walker, or hand rails, or by

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propelling a wheelchair and to respond to an emergency condition, whether caused by fire or otherwise, and escape with minimal human assistance using the normal means of egress. (2) 'Assisted living care' includes:
(A) Personal services, which includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; (B) The administration of medications by a medication aide in accordance with this Code section; and (C) The provision of assisted self-preservation in accordance with this Code section. (3) 'Assisted living community' means a personal care home with a minimum of 25 beds that is licensed as an assisted living community pursuant to Code Section 31-7-3. (4) 'Assisted self-preservation' means the capacity of a resident to be evacuated from an assisted living community, to a designated point of safety and within an established period of time as determined by the Office of the Safety Fire Commissioner. Assisted self-preservation is a function of all of the following: (A) The condition of the individual; (B) The assistance that is available to be provided to the individual by the staff of the assisted living community; and (C) The construction of the building in which the assisted living community is housed, including whether such building meets the state fire safety requirements applicable to an existing health care occupancy. (5) 'Continuous medical or nursing care' means medical or nursing care required other than on a periodic basis or for a short-term illness. (c) An assisted living community shall not admit or retain an individual who is not ambulatory unless the individual is capable of assisted self-preservation. In the event that the department determines that one or more residents of an assisted living community are not capable of assisted self-preservation due to the condition of the resident, the capabilities of the staff of the assisted living community, the construction of the building in which the assisted living community is housed, or a combination of these factors, the department shall have the authority to consider any of the following actions: (1) An increase in the staffing of the assisted living community to a level that is sufficient to ensure that each resident is capable of assisted self-preservation; (2) A change in the staffing assignments of the assisted living community if such change would ensure that each resident is capable of assisted self-preservation; (3) A change in rooms or the location of residents as necessary to ensure that each resident is capable of assisted self-preservation; (4) The utilization of any specialized equipment that would ensure that each resident is capable of assisted self-preservation. For purposes of this paragraph, specialized equipment shall only include a prosthesis, brace, cane, crutches, walker, hand rails, and a wheelchair;

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(5) A cessation in the further admission of individuals who are not ambulatory until such time that the assisted living community has taken actions necessary to ensure that all residents are capable of assisted self-preservation; (6) The transfer or discharge of any resident who is not capable of assisted self-preservation; and (7) Any action set forth in Code section 31-2-11. (d) An assisted living community shall maintain a current list of all residents who are not ambulatory but who are capable of assisted self-preservation. The list shall be provided upon request to the department and maintained at all times by the assisted living community. (e) An assisted living community shall maintain fire detection and prevention equipment, including visual signals with alarms for hearing impaired residents, in accordance with manufacturer instructions and the requirements of the Office of the Safety Fire Commissioner. (f) An assisted living community shall not admit or retain an individual who is in need of continuous medical or nursing care. Other than as permitted by a medication aide pursuant to paragraph (7) of subsection (g) of this Code section, medical, nursing, or health services required on a periodic basis, or for short-term illness, shall not be provided as services of an assisted living community. When such services are required, they shall be purchased by the resident or the resident's representative or legal surrogate, if any, from appropriate providers managed independently from the assisted living community. An assisted living community may assist in arranging for such services, but not in the provision of such services. (g)(1) An assisted living community may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this subsection. An assisted living community that employs one or more certified medication aides must have a safe medication and treatment administration system that meets all the requirements of this subsection. (2) The department shall establish and maintain a medication aide registry containing the names of each individual in Georgia who is certified by the department as a medication aide. An assisted living community may not employ an individual as a medication aide unless the individual is listed in the medication aide registry in good standing. (3) An applicant for certification as a medication aide shall meet the following qualifications:
(A) Be a Georgia certified nurse aide with current certification in good standing; (B) Have successfully completed a state-approved medication aide training program administered by a Georgia licensed registered nurse, pharmacist, or physician; (C) Have successfully passed, with a minimum passing score of 80 percent, a written competency examination; and (D) Have demonstrated the requisite clinical skills to serve as a medication aide in accordance with a standardized checklist developed by the department.

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(4) A record of the successful completion of the written competency examination and clinical skills standardized checklist by an applicant for certification as a medication aide shall be included in the medication aide registry within 30 business days of evaluation. Each candidate for certification as a medication aide shall have the opportunity to take the written competency examination three times before being required to retake and successfully complete the medication aide training program. (5) An assisted living community shall annually conduct a comprehensive clinical skills competency review of each medication aide employed by the assisted living community. (6) Certificates issued pursuant to this subsection shall be renewed biennially according to schedules and fees approved by the department. (7) A medication aide who meets the criteria established in this subsection shall be permitted to perform the following tasks in an assisted living community in accordance with the written instructions of a physician:
(A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications; (B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol; (C) Administer medication via a metered dose inhaler; (D) Conduct finger stick blood glucose testing following established protocol; (E) Administer a commercially prepared disposable enema as ordered by a physician; and (F) Assist residents in the supervision of self-administration of medication. (8) A medication aide shall record in the medication administration record all medications that the medication aide has personally administered to a resident of an assisted living community and any refusal of a resident to take a medication. A medication aide shall observe a resident to whom medication has been administered and report any changes in the condition of such resident to the personal representative or legal surrogate of the resident. (9) All medication administered by a medication aide in accordance with this Code section shall be in unit or multidose packaging. (10) An assisted living community that employs one or more medication aides to administer medications in accordance with this subsection shall secure the services of a licensed pharmacist to perform the following duties: (A) Perform a quarterly review of the drug regimen of each resident of the assisted living community and report any irregularities to the assisted living community administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or where the resident for whom such drugs were ordered is no longer a resident; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and

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(D) Monitor compliance with established policies and procedures for medication handling and storage. (11) An assisted living community that employs one or more medication aides to administer medications in accordance with this subsection shall ensure that each medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or pharmacist shall conduct random medication administration observations on a quarterly basis and report any issues to the assisted living community administrator. (h) An assisted living community shall establish a written care plan for each resident. Such care plan shall describe the needs of the resident and how such needs will be met. (i) An assisted living community shall not be permitted to enroll as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, or receive any funds authorized or paid pursuant to Title XIX of the Social Security Act.

31-7-12.3. The department shall adopt rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2. Such rules and regulations shall establish meaningful distinctions between the levels of care provided by personal care homes, assisted living communities, and nursing homes but shall not curtail the scope or levels of services provided by personal care homes or nursing homes as of June 30, 2011; provided, however, that nothing in this chapter shall preclude the department from issuing waivers or variances to personal care homes of the rules and regulations established pursuant to this Code section. Notwithstanding Code Section 31-2-9 or 31-7-12.2, the department shall not grant a waiver or variance unless:
(1) There are adequate standards affording protection for the health and safety of residents of the personal care home; (2) The resident of the personal care home provides a medical assessment conducted by a licensed health care professional who is unaffiliated with the personal care home which identifies the needs of the resident; and (3) The department finds that the personal care home can provide or arrange for the appropriate level of care for the resident."

SECTION 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful, is amended by revising paragraph (26) of subsection (b) as follows:
"(26) With respect to any individual or facility providing personal care services or assisted living care:
(A) Any person or entity not duly licensed or registered as a personal care home or assisted living community formally or informally offering, advertising to, or soliciting the public for residents or referrals; or

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(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, or any assisted living community, as defined in Code Section 31-7-12.2, offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services or assisted living care, respectively; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home or assisted living community for services authorized by the Department of Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-9. For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services, and 'assisted living care' includes services provided for in Code Section 31-7-12.2. The provisions of this paragraph shall be enforced following consultation with the Department of Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;"

SECTION 3. Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, is amended by revising subsection (g) as follows:
"(g) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature."

SECTION 4. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, is amended by revising subsection (k) as follows:
"(k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both."

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SECTION 5. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, sexual assault against person detained or patient in hospital or other institution, and sexual assault by practitioner of psychotherapy against patient, is amended by revising subsection (d) as follows:
"(d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, 31-7-12, or 31-7-12.2 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor."

SECTION 6. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property and requirements as to construction, maintenance, and use generally, is amended by revising subparagraph (b)(1)(J) as follows:
"(J) Personal care homes and assisted living communities 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 7. Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Pharmacy Practice Act," is amended by revising paragraph (18.1) as follows:
"(18.1) 'Institution' means any licensed hospital, nursing home, assisted living community, personal care home, hospice, health clinic, or prison clinic."

SECTION 8. Code Section 26-4-191 of the Official Code of Georgia Annotated, relating to definitions relative to the "Utilization of Unused Prescription Drugs Act," is amended by revising paragraph (2) as follows:
"(2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, assisted living community, personal care home, home health agency, or hospice pursuant to Chapter 7 of Title 31."

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SECTION 9. Code Section 26-4-212 of the Official Code of Georgia Annotated, relating to definitions relative to the "Safe Medications Practice Act," is amended by revising paragraph (3) as follows:
"(3) 'Institution' means any licensed hospital, nursing home, assisted living community, personal care home, or hospice."

SECTION 10. Code Section 31-2-14 of the Official Code of Georgia Annotated, relating to records check requirement 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) Assisted living community required to be licensed under Code Section 31-7-12.2; (C) Private home care provider required to be licensed under Article 13 of Chapter 7 of this title; or (D) Community living arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4."

SECTION 11. Code Section 31-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to health care facilities, is amended by revising subparagraph (A) of paragraph (4), as follows:
"(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, assisted living 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, assisted living community, or personal care home;"

SECTION 12. Said chapter is further amended by revising subsection (d) of Code Section 31-7-3, relating to requirements for permits to operate institutions, as follows:
"(d)(1) When an application for licensure to operate a personal care home, as defined in subsection (a) of Code Section 31-7-12, or an assisted living community, as defined in Code Section 31-7-12.2, has been made, the department shall inform the office of the state long-term care ombudsman of the name and address of the applicant prior to issuing authority to operate or receive residents and shall provide to the ombudsman program an

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opportunity to provide to the department information relevant to the applicant's fitness to operate as a licensed personal care home or an assisted living community. (2) The department may consider any information provided under this subsection, where verified by appropriate licensing procedures, in determining whether an applicant meets the requirements for licensing. (3) The department shall promulgate regulations setting forth the procedures by which the long-term care ombudsman program shall report information to the department or its designee as required by this subsection, including a consistent format for the reporting of information, safeguards to protect confidentiality, and specified types of information which shall be routinely provided by the long-term care ombudsman program. (4) Nothing in this subsection shall be construed to provide any authority to the long-term care ombudsman program to license or refuse to license the operation of a personal care home or an assisted living community."

SECTION 13. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 31-7-12, relating to personal care homes, as follows:
"(2) 'Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Personal services shall not include medical, nursing, or health services; provided, however, that the department shall be authorized to grant a waiver of this provision in the same manner as provided for in Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner and only to the same extent as granted on or before June 30, 2011."

SECTION 13A. Said chapter is further amended by revising Code Section 31-7-12.1, relating to unlicensed personal care homes, to add a new subsection to read as follows:
"(f) In addition to the sanctions authorized herein, an unlicensed personal care home shall be deemed to be negligent per se in the event of any claim for personal injury or wrongful death of a resident."

SECTION 14. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 31-7-111, relating to findings and declaration of policy under the "Residential Care Facilities for the Elderly Authorities Act," as follows:
"(1) There exists in this state a seriously inadequate supply of and a critical need for facilities which can furnish the comprehensive services required by elderly persons in a single location, including, without limitation, residential care and the types of services

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provided in skilled nursing homes, intermediate care homes, assisted living communities, and personal care homes (hereinafter referred to as 'residential care facilities for the elderly');"

SECTION 15. Said chapter is further amended by revising subparagraph (A) of paragraph (7) of Code Section 31-7-112, relating to definitions relative to the "Residential Care Facilities for the Elderly Authorities Act," as follows:
"(A) Any one or more buildings or structures to be used in providing at a single location the comprehensive services required by the elderly, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, assisted living communities, and personal care homes supplied with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; provided, however, that no single project or residential care facility shall be required to render all types of services and levels of care referred to above. There may be included as part of any such project all improvements necessary to the full utilization thereof, including, without limitation, site preparation; roads and streets; sidewalks; water supply; outdoor lighting; belt line railroad; 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. However, none of the aforementioned improvements shall be the primary purpose of any project;"

SECTION 16. Said chapter is further amended by revising paragraph (4) of Code Section 31-7-172, relating to definitions relative to the "Georgia Hospice Law," as follows:
"(4) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; assisted living communities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers."

SECTION 17. Said chapter is further amended by revising paragraph (11) of Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks, as follows:
"(11) 'Personal care home' or 'home' means a home required to be licensed or permitted under Code Section 31-7-12 or an assisted living community as defined in Code Section 31-7-12.2."

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SECTION 18. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions regarding the long-term care ombudsman program, is amended by revising paragraph (2) as follows:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, assisted living community, or personal care home now or hereafter subject to regulation and licensure by the Department of Community Health."

SECTION 19. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions regarding the 'Long-term Care Facility Resident Abuse Reporting Act,' is amended by revising paragraph (3) as follows:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate care home, assisted living community, personal care home, or community living arrangement now or hereafter subject to regulation and licensure by the department."

SECTION 20. Code Section 31-8-132 of the Official Code of Georgia Annotated, relating to definitions regarding the "Remedies for Residents of Personal Care Homes Act," is amended by revising paragraph (5) as follows:
"(5) 'Personal care home' or 'home' means a facility as defined in Code Section 31-7-12 and shall include any assisted living community as defined in paragraph (3) of subsection (b) of Code Section 31-7-12.2 that is subject to regulation and licensure by the department."

SECTION 21. Code Section 31-36A-5 of the Official Code of Georgia Annotated, relating to certification by physician under the "Temporary Health Care Placement Decision Maker for an Adult Act," is amended by revising paragraph (2) as follows:
"(2) It is the physician's belief that it is in the adult's best interest to be discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition and to be transferred to or admitted to an alternative facility or placement, including, but not limited to, nursing facilities, assisted living communities, personal care homes, rehabilitation facilities, and home and community based programs."

SECTION 22. Code Section 31-36A-7 of the Official Code of Georgia Annotated, relating to petition for order by health care facility, is amended by revising paragraph (2) of subsection (b) as follows:

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"(2) It is the physician's belief that it is in the adult's best interest to be admitted to or discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition or to be transferred to an alternative facility or placement, including, but not limited to, nursing facilities, assisted living communities, personal care homes, rehabilitation facilities, and home and community based programs; and"

SECTION 23. Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to circumstances when exonerated first offender's criminal record may be disclosed, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) The request for information is an inquiry about a person who has applied for employment with a nursing home, assisted living community, personal care home, or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or"

SECTION 24. Code Section 35-3-174 of the Official Code of Georgia Annotated, relating to time for reporting elopement of disabled person from personal care home, is amended as follows:
"35-3-174. The staff of personal care homes and assisted living communities shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff's receiving actual knowledge that such person is missing from the home."

SECTION 25. Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to admission of developmentally disabled persons to facilities for purposes of temporary supervision and care, is amended by revising subsection (c) as follows:
"(c) An admission for respite care shall be for no longer than two weeks, provided that a person may be admitted for additional periods of respite care; provided, further, that there shall be no more than two admissions for respite care within any six-month period, counted from the first day of such an admission. Any such admission which exceeds limits provided in this Code section must be in accordance with the procedure in Code Section 37-4-20 or 37-4-40. This Code section shall not apply when the person sought to be admitted is living in a nursing home, as defined in paragraph (2) of Code Section 43-27-1, a personal care home, as defined in subsection (a) of Code Section 31-7-12, or an assisted living community, as defined in Code Section 31-7-12.2."

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SECTION 26. Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers and appointment of executive directors of veterans' homes, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) To construct and operate hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes for the use and care of war veterans discharged under other than dishonorable conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes. The term 'cost of the construction' as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and easements acquired; the cost of all machinery and equipment; and the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the construction of any hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes. The term shall also include administrative expense and such other expenses as may be necessary or incident to the construction of any hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes; the placing of the same in operation; and the condemnation of property necessary for such construction and operation."

SECTION 27. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharges disqualifying individuals from employment, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The employment is with a nursing home, assisted living community, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or"

SECTION 28. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to limitation on authority of local government to impose regulatory fee and examples of businesses or practitioners of professions or occupations which may be subject to fees, is amended by revising paragraph (14) of subsection (b) as follows:
"(14) Nursing homes, assisted living communities, and personal care homes;"

SECTION 29. Code Section 51-1-29.5 of the Official Code of Georgia Annotated, relating to limitation on health care liability claim to gross negligence in emergency medical care, is amended by revising paragraph (8) of subsection (a) as follows:

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"(8) 'Health care institution' means: (A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (B.1) An assisted living community licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services; (D) A hospice; (E) A hospital; (F) A hospital system; (G) An intermediate care facility for the mentally retarded; or (H) A nursing home."

SECTION 30. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2011.

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PUBLIC UTILITIES LOCAL GOVERNMENT 9-1-1 SERVICE; USE OF FUND MONEYS; DISPATCH, RESPONSE, AND EQUIPMENT; MUNICIPAL CONTRACTS; TELECOMMUNICATIONS TOWERS; LEASES.

No. 57 (House Bill No. 280).

AN ACT

To change provisions related to telecommunication systems and towers and contracts related thereto; to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to correct a cross-reference; to modify provisions relating to information that must be registered by a service supplier doing business in Georgia for support of the 9-1-1 system; to provide additional uses for Emergency Telephone System Fund moneys; to provide for the enhancement of dispatch and response activities and equipment of public safety personnel; to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to clarify the authority of municipal corporations to enter into certain contracts is in addition to and does not change

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or conflict with any otherwise existing authority to enter into such contracts; to provide for property leases for telecommunications towers; to provide for exemptions and terms; 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. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," is amended by revising subparagraph (C) of paragraph (18) of Code Section 46-5-122, relating to definitions relative to the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," as follows:
"(C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (f) of Code Section 46-5-134."

SECTION 2. Said part is further amended by revising subsection (a) of Code Section 46-5-124.1, relating to service suppliers that must register certain information with the director of emergency management, updating information, and notices of delinquency, as follows:
"(a) Any service supplier doing business in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a telephone service connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a telephone service connection; (3) The counties in Georgia in which the service supplier is authorized to provide telephone service at the time the filing is made; and (4) Every corporate name under which the service supplier is authorized to provide telephone service in Georgia."

SECTION 3. Said part is further amended by revising subsection (f) of Code Section 46-5-134, relating to the establishment of the Emergency Telephone System Fund, as follows:
"(f)(1) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund shall be used only to pay for:

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(A) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a 9-1-1 system; (B) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (C) The actual cost, according to generally accepted accounting principles, of salaries and employee benefits incurred by the local government for employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and employees who work as directors as that term is defined in Code Section 46-5-138.2, whether such employee benefits are purchased directly from a third-party insurance carrier, funded by the local government's self-funding risk program, or funded by the local government's participation in a group self-insurance fund. As used in this paragraph, the term 'employee benefits' means health benefits, disability benefits, death benefits, accidental death and dismemberment benefits, pension benefits, retirement benefits, workers' compensation, and such other benefits as the local government may provide. Said term shall also include any post-employment benefits the local government may provide; (D) The actual cost, according to generally accepted accounting principles, of training employees hired by the local government solely for the operation and maintenance of emergency 9-1-1 system and employees who work as directors as that term is defined in Code Section 46-5-138.2; (E) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (F) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund shall not be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its street addressing plan; (G) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems and automatic vehicle location systems; (H) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 system public education materials; and (I) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. (2)(A) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund may be used to pay for those purposes set forth in subparagraph (B) of this paragraph, if:
(i) The local government's 9-1-1 system provides enhanced 9-1-1 service; (ii) The revenues from the 9-1-1 charges or wireless enhanced 9-1-1 charges in the local government's Emergency Telephone System Fund at the end of any fiscal year shall be projected to exceed the cost of providing enhanced 9-1-1 services as

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authorized in subparagraphs (A) through (I) of paragraph (1) of this subsection and the cost of providing enhanced 9-1-1 services as authorized in subparagraphs (A) through (I) of paragraph (1) of this subsection includes a reserve amount equal to at least 10 percent of the previous year's expenditures; and (iii) Funds for such purposes are distributed pursuant to an intergovernmental agreement between the local governments whose citizens are served by the emergency 9-1-1 system proportionately by population as determined by the most recent decennial census published by the United States Bureau of the Census at the time such agreement is entered into. (B) Pursuant to subparagraph (A) of this paragraph, the Emergency Telephone System Fund may be used to pay for: (i) The actual cost, according to generally accepted accounting principles, of insurance purchased by the local government to insure against the risks and liability in the operation and maintenance of the emergency 9-1-1 system on behalf of the local government or on behalf of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and employees who work as directors as that term is defined in Code Section 46-5-138.2, whether such insurance is purchased directly from a third-party insurance carrier, funded by the local government's self-funding risk program, or funded by the local government's participation in a group self-insurance fund. As used in this division, the term 'cost of insurance' shall include, but shall not be limited to, any insurance premiums, unit fees, and broker fees paid for insurance obtained by the local government; (ii) The lease, purchase, or maintenance of a mobile communications vehicle and equipment, if the primary purpose and designation of such vehicle is to function as a backup 9-1-1 system center; (iii) The allocation of indirect costs associated with supporting the 9-1-1 system center and operations as identified and outlined in an indirect cost allocation plan approved by the local governing authority that is consistent with the costs allocated within the local government to both governmental and business-type activities; (iv) The lease, purchase, or maintenance of mobile public safety voice and data equipment, geo-targeted text messaging alert systems, or towers necessary to carry out the function of 9-1-1 system operations; and (v) The lease, purchase, or maintenance of public safety voice and data communications systems located in the 9-1-1 system facility that further the legislative intent of providing the highest level of emergency response service on a local, regional, and state-wide basis, including equipment and associated hardware and software that supports the use of public safety wireless voice and data communication systems."

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SECTION 3A. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, is amended by revising paragraph (l)(1), the introductory language of paragraph (l)(2), and paragraphs (l)(3) and (l)(4) and adding a new paragraph (l)(5) as follows: "(l)(1) Where not otherwise authorized by its charter or other applicable law, the governing authority of any municipal corporation may lease or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property of the municipal corporation pursuant to the power granted by this subsection. The authority of any municipal corporation granted pursuant to its charter or other applicable law to enter into leases or contracts for the use, operation, or management of any real or personal property of the municipal corporation shall not be affected by this subsection and it shall not apply to any contracts or leases entered into pursuant to such authority. Where a municipal charter or other applicable law provides no authorization for leasing or contracting for the use, operation, or management of any real or personal property of the municipal corporation and this subsection is to be used as authorization for that purpose, the following shall apply: (A) Any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days shall be by sealed bids or by auction as provided in subsection (a) of this Code section. Easements and licenses for the use of municipal property in connection with construction projects of a municipal corporation shall be exempt from this subparagraph, provided that their term is less than one year; (B) Nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or shall cause the divesting of title to property dedicated to public use and not subsequently abandoned; and (C) The lessee or contractee shall not mortgage or pledge the property, lease or contract the property as security for any debt, or incur any encumbrance that could result in a lien or claim of lien against the property, lease, or contract. (2) Any lease or contract for the use, operation, or management of any real or personal property entered into pursuant to this subsection and for longer than 30 days shall contain the following terms:" "(3)(A) The initial term of a lease or contract for the use of real property entered into pursuant to this subsection shall be no longer than five years and there may be one renewal period of no longer than five years, after which the lease or contract shall again be subject to sealed bids or auction. (B) When the lessee or contractee charges any person to enter or go upon the real property for recreational purposes, the consideration received by the municipal corporation for the lease or contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (C) Where real property is leased pursuant to this Code section for the erection of telecommunications towers, the initial term of a lease or contract for the use of such real property shall be no longer than ten years and there may be one renewal period of no longer than ten years, after which the lease or contract shall again be subject to sealed bids or auction; provided, however, that such lease shall also include provisions for the removal of the telecommunications tower structure. (4) Where

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this subsection is applicable, it shall apply to any lease or contract entered into or renewed on or after July 1, 2011. This subsection shall not affect any provisions of subsection (k) of this Code section. (5) Nothing contained in this Code section shall be construed so as to expand the powers of eminent domain or to otherwise provide for additional eminent domain authority for any municipal corporation. The ability for a governing authority of a municipal corporation to exercise eminent domain shall be subject to the limitations enumerated in Chapter 2 of Title 22 and the Georgia Constitution."

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

Approved May 5, 2011.

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HEALTH TRAUMA NETWORK BURN CENTERS.

No. 58 (House Bill No. 307).

AN ACT

To amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for burn centers and burn patients as part of the trauma network; to revise 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. Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, is amended in Code Section 31-11-100, relating to definitions, as follows:
"31-11-100. As used in this article, the term:
(1) 'Burn trauma center' means a facility that has been designated by the Department of Community Health as a burn center and that admits at least 300 patients annually with the burn specific principal diagnosis codes as published by the International Classification of Diseases.

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(2) 'Trauma burn patient' means a patient admitted to a burn trauma center with a burn specific principal diagnosis code as published by the International Classification of Diseases who has at least one of the following injuries or complications based on criteria developed by the American Burn Association:
(A) Partial-thickness burns over at least 10 percent of the total body surface area; (B) Burns that involve the face, hands, feet, genitalia, perineum, or major joints; (C) Third-degree burns in any age group; (D) Chemical burns; (E) An inhalation injury; (F) A burn injury and preexisting medical disorder that could complicate management, prolong recovery, or affect mortality; (G) Burns and concomitant trauma, such as fractures, in which the burn injury poses the greatest risk of morbidity or mortality; or (H) Burn injury patients who require special social, emotional, or rehabilitative intervention. (3) 'Trauma center' means a facility designated by the Department of Community Health as a Level I, II, III, or IV or burn trauma center. However, a burn trauma center shall not be considered or treated as a trauma center for purposes of certificate of need requirements under state law or regulations, including exceptions to need and adverse impact standards allowed by the department for trauma centers or for purposes of identifying safety net hospitals. (4) 'Trauma patient' means a patient who is on the State Trauma Registry or the National Trauma Registry of the American College of Surgeons or who is a trauma burn patient. (5) 'Trauma service codes' means the International Classification of Diseases discharge codes designated as trauma service codes by the American College of Surgeons, Committee on Trauma. (6) 'Uncompensated' means care provided by a designated trauma center, emergency medical services provider, or physician to a trauma patient as defined by the Georgia Trauma Care Network Commission who: (A) Has no medical insurance, including federal Medicare Part B coverage; (B) Is not eligible for medical assistance coverage; (C) Has no medical coverage for trauma care through workers' compensation, automobile insurance, or any other third party, including any settlement or judgment resulting from such coverage; and (D) Has not paid for the trauma care provided by the trauma provider after documented attempts by the trauma care services provider to collect payment."

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

Approved May 5, 2011.

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MOTOR VEHICLES PERSONAL TRANSPORTATION VEHICLES.

No. 59 (Senate Bill No. 240).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create a new class of motor vehicles to be known as personal transportation vehicles; to provide for a definition; to provide for safety equipment on personal transportation vehicles; 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 adding a new paragraph to Code Section 40-1-1, relating to definitions regarding motor vehicles and traffic, as follows:
"(43.1) 'Personal transportation vehicle' means any motor vehicle: (A) With a minimum of four wheels; (B) Capable of a maximum level ground speed of less than 20 miles per hour; (C) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (D) Capable of transporting not more than eight persons.
The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle."

SECTION 2. Said title is further amended by adding a new part to Article 13 of Chapter 6, relating to special provisions for certain vehicles, to read as follows:

"Part 6

40-6-363. (a) This part shall have no application to any county or municipality that has enacted prior to January 1, 2012, an ordinance authorizing the operation of motorized carts pursuant to Code Section 40-6-331. (b) In addition to the requirements contained in paragraph (43.1) of Code Section 40-1-1, all personal transportation vehicles shall have the following equipment:

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(1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds."

SECTION 3. This Act shall become effective on January 1, 2012.

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

Approved May 5, 2011.

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AGRICULTURE SUSTAINABLE AGRICULTURE; STATE POLICY.

No. 60 (House Bill No. 225).

AN ACT

To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to define a term; to provide that it shall be the policy of this state to promote sustainable agriculture; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by revising Code Section 2-1-1, relating to definitions, as follows:
"2-1-1. As used in this title, the term:
(1) 'Commissioner' means the Commissioner of Agriculture. (2) 'Department' means the Department of Agriculture of this state. (3) 'Sustainable agriculture' or 'sustainable agricultural practices' means science-based agricultural practices, technologies, or biological systems supported by research or otherwise demonstrated to lead to broad outcomes-based improvements, which may include but not be limited to such critical outcomes as increasing agricultural productivity and improving human health through access to safe, nutritious, affordable food and other agricultural products, while enhancing agricultural and surrounding environmental conditions through the stewardship of water, soil, air quality, biodiversity, and wildlife habitat, so as to meet the needs of the present and improve the ability for future generations to meet their own needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"2-1-1.1. It shall be the policy of this state to promote sustainable agriculture."

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

Approved May 6, 2011.

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GAMES AND FISH HUNTING; FEED OR BAIT; FERAL HOGS.

No. 61 (House Bill No. 277).

AN ACT

To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to change certain

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provisions relating to unlawful enticement of game and hunting in the vicinity of feed or bait; to change certain provisions relating to restrictions on hunting feral hogs; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, is amended by revising Code Section 27-3-9, relating to unlawful enticement of game, as follows:
"27-3-9. (a) As used in this Code section, the term:
(1) 'Northern zone' means the northern zone for hunting deer with firearms as established pursuant to subsection (c) of Code Section 27-3-15. (2) 'Southern zone' means the southern zone for hunting deer with firearms as established pursuant to subsection (c) of Code Section 27-3-15. (a.1) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting. (a.2) Nothing in subsection (a.1) of this Code section shall prohibit any person from placing, exposing, depositing, distributing, or scattering any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for deer on lands that are not under the ownership or control and management of the state or federal government; provided, however, that any such lure or attraction or enticement shall not cause hunting on any adjoining property to be prohibited under subsection (b) of this Code section. (b)(1) Except as otherwise provided by law or regulation, it shall be unlawful for any person to hunt any game bird or game animal upon, over, around, or near any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement to such birds or animals. It shall also be unlawful to hunt any game animal or game bird upon, over, around, or near any such place for a period of ten days following the complete removal of all such feed or bait. (2) The prohibitions of paragraph (1) of this subsection shall not apply to:
(A) The hunting of deer in the northern zone, other than on lands under the ownership or control and management of the state or federal government, if the hunter is at least 200 yards away from and not within sight of such feed or bait; and (B) The hunting of deer in the southern zone, other than on lands under the ownership or control and management of the state or federal government, if the hunter has written

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permission of the landowner to hunt upon, over, around, or near such feed or bait, except as otherwise provided by paragraph (3) of this subsection. (3)(A) The board may by rule or regulation restrict the feeding, baiting, or hunting of deer upon, over, around, or near such feed or bait in any county wherein there is a documented occurrence of a communicable disease in deer and in any county adjoining such county. Such restriction may be imposed in such county and any adjoining county for a period of up to and including one year and may be extended for additional periods of up to and including two years each upon documentation that the communicable disease is still present in deer in such county. No person shall feed, bait, or hunt deer in violation of any restriction imposed pursuant to this paragraph. (B) The department shall give notice of such restriction by mail or electronic means to each person holding a current license to hunt whose last known address is within a restricted county. The department may place or designate the placement of signs and markers so as to give notice of such restriction. (4) Any person who takes any big game animal, other than deer, within 200 yards of any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement for any game bird or game animal shall, upon conviction of thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4. (c) When a conservation ranger is aware or becomes aware that a clearly identifiable area of land or field is baited for doves in such a manner that hunting thereon would be a violation of paragraph (1) of subsection (b) of this Code section, it shall be the duty of the conservation ranger to require the owner or other person having lawful possession or control of the baited area of land or field to remove such bait. The conservation ranger shall require such owner or other person to erect on the area of land or field signs having printed thereon the words: 'No Hunting, Baited Field.' Such signs shall remain for ten days after bait is removed. The printing on such signs shall be clearly visible to a person with normal eyesight from a distance of at least 50 yards. A sufficient number of such signs shall be erected to provide reasonable notice to hunters that the field or area is baited for doves. If the conservation ranger cannot locate the owner or other person having lawful possession or control of the area of land or field baited for doves, it shall be the duty of such conservation ranger to erect such signs. The owner or other person having lawful possession or control of an area or field baited for doves who fails to comply with an order of a conservation ranger requiring the removal of bait or the erection of signs, or both, as required by this subsection shall be guilty of a misdemeanor. When a conservation ranger is aware that a clearly identifiable area of land or field is baited for doves in such a manner that hunting thereon would be a violation of paragraph (1) of subsection (b) of this Code section prior to any such violation, no charge may be brought against any person under paragraph (1) of subsection (b) of this Code section unless the provisions of this subsection have been followed. Nothing in this subsection shall be construed to preclude the owner

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or other person having lawful possession or control of a baited area or field from being charged with and convicted of a violation of subsection (a.1) of this Code section. Nothing in this subsection shall be construed to preclude a person's being charged with and convicted of a violation of paragraph (1) of subsection (b) of this Code section when such violation is on an area of land or field baited for doves which was not previously identified by a conservation ranger as provided in this subsection prior to such violation."

SECTION 2. Said part is further amended in Code Section 27-3-24, relating to restrictions on hunting feral hogs, by revising subsection (a) and adding a new subsection (a.1) as follows:
"(a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs: (1) Upon the lands of another or enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land; (2) Upon any land which is posted without having the permission required by paragraph (1) of this subsection in writing and carried upon the person; (3) Reserved; (4) From within a vehicle or while riding on a vehicle at night and with the use of a light; (5) At night with a light, except that a light which is carried on the person of a hunter, affixed to a helmet or hat worn by a hunter, or part of a belt system worn by a hunter may be used for locating feral hogs; or (6) During the firearms deer season unless the hunter and each person accompanying the hunter are wearing a total of at least 500 square inches of daylight fluorescent orange material as an outer garment and such material or garment is worn above the waistline, and may include a head covering. (a.1)(1) The board may by rule or regulation restrict the feeding, baiting, or hunting of feral hogs upon, over, around, or near feed or bait in any county wherein there is a documented occurrence of a communicable disease in deer and in any county adjoining such county. Such restriction may be imposed in such county and any adjoining county for a period of up to and including one year and may be extended for additional periods of up to and including two years each upon documentation that the communicable disease is still present in deer in such county. No person shall feed, bait, or hunt feral hogs in violation of any restriction imposed pursuant to this paragraph. (2) The department shall give notice of such restriction by mail or electronic means to each person holding a current license to hunt whose last known address is within a restricted county. The department may place or designate the placement of signs and markers so as to give notice of such restriction. (a.2) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feed or bait so as to constitute a lure, attraction, or enticement for feral hogs within 50 yards of any property ownership boundary."

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

Approved May 6, 2011.

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MOTOR VEHICLES CHILD RESTRAINT SYSTEMS; INCREASED AGE REQUIREMENTS.

No. 62 (Senate Bill No. 88).

AN ACT

To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to increase age requirements for use of child restraint systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by revising of subsections (b) and (d) of Code Section 40-8-76, relating to safety belts and child restraint systems, as follows:
"(b)(1) Every driver who transports a child under eight years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the proper restraint of such child in a child passenger restraining system appropriate for such child's height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time of manufacture, subject to the following specific requirements and exceptions:
(A) Any such child weighing at least 40 pounds may be secured by a lap belt when: (i) The vehicle is not equipped with both lap and shoulder belts; or (ii) Not including the driver's seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;
(B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating

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position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph; (C) A driver shall not be deemed to be complying with the provisions of this paragraph unless any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturer's directions for such system; and (D) The provisions of this paragraph shall not apply when the child's parent or guardian either obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in the manner required by this paragraph. If the parent or guardian can show the child's height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section 40-8-76.1. (2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is six or seven years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2012. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases to the Department of Driver Services for the sole purpose of data collection on a county by county basis." "(d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2012, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 C.F.R. 571.3(B), each child over four years of age and under eight years of age shall be properly restrained by a child passenger restraining system. Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall not be required to transport children five years of age or older in a child passenger restraining system."

SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (e) of Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, as follows:
"(3) Each minor eight years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway

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of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger eight years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Driver Services."

SECTION 3. This Act shall become effective on July 1, 2011.

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

Approved May 9, 2011.

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STATE GOVERNMENT MARTIN LUTHER KING, JR. ADVISORY COUNCIL.

No. 63 (Senate Bill No. 141).

AN ACT

To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the Martin Luther King, Jr. Advisory Council; to provide for membership on the council; to provide for terms and duties of members; to provide for an annual report; to provide for the establishment of a not for profit corporation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

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"ARTICLE 10

50-8-240. (a) There is created within the Department of Community Affairs the Martin Luther King, Jr. Advisory Council. (b) The council shall consist of nine members as follows:
(1) The commissioner of community affairs or his or her designee; (2) Six members to be appointed by the Governor, two of whom shall be between the ages of 18 and 22 years; (3) One member to be appointed by the President of the Senate; and (4) One member to be appointed by the Speaker of the House of Representatives. (c) Members shall serve four-year terms. No member of the council shall serve more than two consecutive terms. (d) Vacancies in the membership of the council shall be filled for the balance of the unexpired term by the appointing authority. (e) The council shall select annually a chairperson from among its membership. (f) Members of the council shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal. (g) A majority of the council shall constitute a quorum for the transaction of business. (h) Members of the council shall serve without compensation but, to the extent moneys are received from voluntary contributions through a not for profit corporation, shall be eligible to receive reimbursement for mileage and other expenses actually incurred in performance of their duties in accordance with the rates and standards for reimbursement of state employees.

50-8-241. The Martin Luther King, Jr. Advisory Council shall have the following duties:
(1) To promote racial harmony, understanding, respect, and good will among all citizens; (2) To promote principles of nonviolence, peace, and social justice; (3) To promote among the people of Georgia, by appropriate activities, both awareness and appreciation of the Civil Rights movement and advocacy of the principles and legacy of Martin Luther King, Jr.; (4) To develop, coordinate, and advise the state of appropriate ceremonies and activities relating to the observance of the birthday of Martin Luther King, Jr., including, without limitation, providing advice and assistance to local governments and private organizations; (5) To enable the people of Georgia to reflect on the life and teachings of Martin Luther King, Jr., through educational endeavors, cultural performances, exhibitions, and events that are multiethnic and family oriented; and

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(6) To prepare an annual report for the Governor and the General Assembly detailing the actions taken to fulfill these responsibilities and duties.

50-8-242. The Department of Community Affairs is authorized to establish a not for profit corporation and to appoint the members of the board of trustees of such corporation for the purpose of sustaining and furthering the purpose of the council."

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 9, 2011.

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MOTOR VEHICLES SCHOOL BUS; IMPROPER MEETING OR OVERTAKING; CIVIL PENALTIES; VIDEO ENFORCEMENT.

No. 64 (Senate Bill No. 57).

AN ACT

To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of the driver of a vehicle meeting or overtaking a school bus and reporting of violations, so as to define certain terms; to provide that such Code section may be enforced by means of video images; to provide a civil penalty; to provide for notice and procedures; to provide for a rebuttable presumption; to provide for a transfer of funds; to provide for an exemption from recording provisions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of the driver of a vehicle meeting or overtaking a school bus and reporting of violations, is amended by adding a new subsection to read as follows:

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"(d)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a video recording device mounted on a school bus with a clear view of vehicles passing the bus on either side and showing the date and time the recording was made and an electronic symbol showing the activation of amber lights, flashing red lights, stop arms, and brakes. (C) 'Video recording device' means a camera capable of recording digital images showing the date and time of the images so recorded.
(2) Subsection (a) of this Code section may be enforced by using recorded images as provided in this subsection. (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 if such vehicle is found, as evidenced by recorded images, to have been operated in disregard or disobedience of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law. The amount of such fine shall be $300.00 for a first offense, $750.00 for a second offense, and $1,000.00 for each subsequent offense in a five-year period; (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 infraction, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) An image taken from the recorded image showing the vehicle involved in the infraction; (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, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) A 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;

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(C) Proof that a motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section shall be evidenced by recorded images. 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 of recorded images, a motor vehicle was operated in disregard or disobedience 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 and identifies the name of the operator of the vehicle at the time of the alleged violation; or (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. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by 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) of paragraph (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 the civil monetary penalty provided in paragraph (3) of this subsection. (6) Any court having jurisdiction over violations of subsection (a) of this Code section shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise

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provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection except as provided in subparagraph (A) of paragraph (3) of this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) 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. (9) A school system may enter into an intergovernmental agreement with a local governing authority to offset expenses regarding the implementation and ongoing operation of video recording devices serving the purpose of capturing recorded images of motor vehicles unlawfully passing a school bus. (10) Any school bus driver operating a vehicle equipped with an activated video recording device shall be exempt from the recording provisions of subsection (c) of Code Section 40-6-163."

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

Approved May 11, 2011.

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EDUCATION JESSIE'S LAW.

No. 65 (House Bill No. 314).

AN ACT

To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to enact "Jessie's Law"; to provide for a definition; to provide that foster care students are credited as present to attend court proceedings relating to such students' foster care; 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 "Jessie's Law."

SECTION 2. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-692.2. (a) As used in this Code section, the term 'foster care student' means a student 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 Services. (b) A foster care student who attends court proceedings relating to the student's foster care shall be credited as present by the school and shall not be counted as an absence, either excused or unexcused, for any day, portion of a day, or days missed from school."

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

Approved May 11, 2011.

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ANIMALS AGRICULTURE CONSERVATION EDUCATION MISCELLANEOUS AUTHORITIES AND COMMISSIONS RELATED TO AGRICULTURE; CHANGE REQUIREMENTS.

No. 66 (House Bill No. 125).

AN ACT

To provide for certain agriculture related authorities and advisory commissions; to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change certain provisions relating to creation of the authority and its membership, vacancies, compensation and reimbursement, and recordkeeping; to change certain provisions relating to authorization for department construction and acquisition of projects; to redesignate the provisions of said part as a new chapter in Title 2 of the Official Code of Georgia Annotated, relating to agriculture; to amend said Title 2 so as to make certain editorial revisions; to amend Code Section 20-14-90 of the Official Code of Georgia Annotated, relating to the Agricultural Education Advisory Commission and its membership, powers and duties, and automatic

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repeal of provisions related thereto, so as to change certain provisions relating to commission meetings; to extend an automatic termination provision; 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 in Chapter 3 by deleting the reservations of Code Sections 2-3-1 through 2-3-12.

SECTION 2. Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, is amended by revising Code Section 12-3-472, relating to creation of the authority and its membership, vacancies, compensation and reimbursement, and recordkeeping, as follows:
"12-3-472. (a) There is created a body corporate and politic to be known as the Georgia Agricultural Exposition Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of ten members, including nine appointed members and the Commissioner of Agriculture, ex officio. Initially, appointed members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each appointed member shall serve for a term of four years. All appointed members shall be appointed by the Governor, confirmed by the Senate, and shall serve until the appointment and qualification of a successor. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the state's agriculture and business interests. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. (c) All successors to appointed members shall be appointed in the same manner as original appointments. Vacancies in office of appointed members shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.

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(d) The appointed members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. (e) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor. (g) The authority is assigned to the Department of Agriculture for administrative purposes only."

SECTION 3. Said part is further amended by revising Code Section 12-3-484, relating to authorization for department construction and acquisition of projects, as follows:
"12-3-484. The Department of Agriculture is authorized to construct, erect, acquire, and own the project, as defined in this part. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project."

SECTION 4. Said part is further amended by redesignating Code Sections 12-3-470 through 12-3-484 as Code Sections 2-3-1 through 2-3-15, composing a new Chapter 3 in said Title 2 of the Official Code of Georgia Annotated, and by reserving the former Part 8 designation in said Article 7 of Chapter 3 of Title 12.

SECTION 5. Code Section 20-14-90 of the Official Code of Georgia Annotated, relating to the Agricultural Education Advisory Commission and its membership, powers and duties, and the automatic repeal of provisions related thereto, is amended by revising paragraph (1) of subsection (e) and subsection (f) as follows:
"(e)(1) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code

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section. The commission shall meet upon the call of either co-chairperson. The commission shall meet at least once annually." "(f) This part shall stand repealed on December 31, 2016."

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

Approved May 11, 2011.

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APPEAL CRIMINAL PROCEDURE EVIDENCE LAW ENFORCEMENT JOHNIA BERRY ACT.

No. 67 (Senate Bill No. 80).

AN ACT

To amend Code Section 5-5-41, Code Section 17-5-56, and Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to requirements as to extraordinary motions for new trial generally, maintenance of physical evidence containing biological material, and proof generally, respectively, so as to provide for matters relative to the collection of DNA; to provide for a short title; to transfer provisions relating to DNA analysis upon conviction of certain sex offenses to a new article of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to expand the types of convicted felons who shall have a DNA sample collected and maintained in the DNA data bank from certain designated sex offender felons to all convicted felons who are incarcerated or on probation or parole; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to expand the types of convicted felons who shall have a DNA sample collected and maintained in the DNA data bank from certain designated sex offender felons to all convicted felons who are incarcerated or on probation or parole; to provide for related matters; to provide for an effective date and a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART 1 SECTION 1-1.

This Act shall be known and may be cited as the "Johnia Berry Act."

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SECTION 1-2. Code Section 5-5-41 of the Official Code of Georgia Annotated, relating to requirements as to extraordinary motions for new trial generally, is amended by revising paragraph (1) of subsection (c), as follows:
"(c)(1) Subject to the provisions of subsections (a) and (b) of this Code section, a person convicted of a felony may file a written motion before the trial court that entered the judgment of conviction in his or her case, for the performance of forensic deoxyribonucleic acid (DNA) testing."

SECTION 1-3. Code Section 17-5-56 of the Official Code of Georgia Annotated, relating to maintenance of physical evidence containing biological material, is amended by revising subsection (b) 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. Evidence in all felony cases 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 the period of time that the crime remains unsolved or until the sentence in the case is completed, whichever occurs last."

PART II SECTION 2-1.

Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof generally, is amended by redesignating Article 4 as Article 6A of Chapter 3 of Title 35 and by revising said article, relating to DNA analysis upon conviction of certain sex offenses, as follows:

"ARTICLE 6A

35-3-160. (a) As used in this article, the term:
(1) 'Department' means the Department of Corrections. (2) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (3) 'Detention facility' means a penal institution under the jurisdiction of the department used for the detention of persons convicted of a felony, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, and parole revocation centers. Such term shall also mean any facility operated under the jurisdiction of a sheriff used for the detention of persons convicted of a felony including a county jail or county correctional facility.

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(b) Any person convicted of a felony offense who is held in a detention facility or placed on probation shall at the time of entering the detention facility or being placed on probation have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2011, and who currently is incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the Board of Pardons and Paroles for such offense. It shall be the responsibility of the detention facility detaining or entity supervising a convicted felon to collect the samples required by this Code section and forward the sample to the division unless such sample has already been collected by the department or another agency or entity. (c) The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163.

35-3-161. (a) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department. Each sample required pursuant to Code Section 35-3-160 from persons who are to be released from a detention facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a detention facility shall implement the provisions of this Code section as part of the regular processing of offenders. (b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample. (c) Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained

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by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the division not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163.

35-3-162. Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 35-3-160 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 35-3-163, the results of the analysis shall be securely stored and shall remain confidential.

35-3-163. (a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 35-3-160 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.

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(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.
(c)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated. (2) The name of the convicted felon whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes. (3) Upon a showing by the accused in a criminal proceeding that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a postconviction proceeding, a superior court having proper jurisdiction over such criminal proceeding shall direct the bureau to compare a DNA profile which has been generated by the accused through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131. (d) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identity and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job. (e) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 35-3-164 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state. (f) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of this state.

35-3-164. (a) Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data bank, knowing that such

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dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature. (b) Except for purposes of law enforcement or as authorized by this article, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any sample submitted to the division for analysis shall be guilty of a felony.

35-3-165. (a) A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction. (b) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article is authorized until a court order directing expungement is obtained and submitted to the bureau."

PART III SECTION 3-1.

Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by repealing Article 6A as enacted by HB 24, substantially revising, superseding, and modernizing provisions relating to evidence during the 2011-2012 biennium of the General Assembly, and enacting a new article to read as follows:

"ARTICLE 6A

35-3-160. (a) As used in this article, the term:
(1) 'Department' means the Department of Corrections. (2) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (3) 'Detention facility' means a penal institution under the jurisdiction of the department used for the detention of persons convicted of a felony, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, and parole revocation centers. Such term shall also mean any facility operated under the jurisdiction of a sheriff used for the detention of persons convicted of a felony including a county jail or county correctional facility.

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(b) Any person convicted of a felony offense who is held in a detention facility or placed on probation shall at the time of entering the detention facility or being placed on probation have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2011, and who currently is incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the Board of Pardons and Paroles for such offense. It shall be the responsibility of the detention facility detaining or entity supervising a convicted felon to collect the samples required by this Code section and forward the sample to the division unless such sample has already been collected by the department or another agency or entity. (c) The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163.

35-3-161. (a) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department. Each sample required pursuant to Code Section 35-3-160 from persons who are to be released from a detention facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a detention facility shall implement the provisions of this Code section as part of the regular processing of offenders. (b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample. (c) Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained

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by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the division not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163.

35-3-162. Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 35-3-160 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 35-3-163, the results of the analysis shall be securely stored and shall remain confidential.

35-3-163. (a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 35-3-160 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.

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(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.
(c)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated. (2) The name of the convicted felon whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes. (3) Upon a showing by the accused in a criminal proceeding that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a postconviction proceeding, a superior court having proper jurisdiction over such criminal proceeding shall direct the bureau to compare a DNA profile which has been generated by the accused through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131. (d) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identity and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job. (e) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 35-3-164 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state. (f) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of this state.

35-3-164. (a) Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data bank, knowing that such

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dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature. (b) Except for purposes of law enforcement or as authorized by this article, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any sample submitted to the division for analysis shall be guilty of a felony.

35-3-165. (a) A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction. (b) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article is authorized until a court order directing expungement is obtained and submitted to the bureau."

PART IV SECTION 4-1.

(a) Parts I, II, and IV of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsection (b) of this section.
(b)(1) Part III of this Act shall become effective only if HB 24, substantially revising, superseding, and modernizing provisions relating to evidence, is enacted during the 2011-2012 biennium of the General Assembly and becomes law on or before January 1, 2013, in which case Part III of this Act shall become effective on the same date that said HB 24 becomes effective. (2) Part II of this Act shall stand repealed if and when Part III of this Act becomes effective as provided by paragraph (1) of this subsection. (3) If said HB 24 does not become law on or before January 1, 2013, as provided by paragraph (1) of this subsection, then Part III of this Act shall stand repealed on January 1, 2013.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 11, 2011.

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DOMESTIC RELATIONS MILITARY PARENTS RIGHTS ACT.

No. 68 (Senate Bill No. 112).

AN ACT

To provide for a short title; to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for child custody proceedings, so as to provide protection in child custody disputes to members of the armed forces; to change provisions relating to parenting plans; to change provisions relating to the discretion of the judge in custody disputes; to provide for definitions; 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 "Military Parents Rights Act."

SECTION 2. Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for child custody proceedings, is amended by revising paragraph (2) of subsection (b) of Code Section 19-9-1, relating to parenting plans, as follows:
"(2) Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan shall include, but not be limited to:
(A) Where and when a child will be in each parent's physical care, designating where the child will spend each day of the year; (B) How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end; (C) Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent; (D) Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision; (E) An allocation of decision-making authority to one or both of the parents with regard to the child's education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be jointly decided, how to resolve a situation in which the parents disagree on resolution; (F) What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child and the other parent's right to

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access education, health, extracurricular activity, and religious information regarding the child; and (G) If a military parent is a party in the case:
(i) How to manage the child's transition into temporary physical custody to a nondeploying parent if a military parent is deployed; (ii) The manner in which the child will maintain continuing contact with a deployed parent; (iii) How a deployed parent's parenting time may be delegated to his or her extended family; (iv) How the parenting plan will be resumed once the deployed parent returns from deployment; and (v) How divisions (i) through (iv) of this subparagraph serve the best interest of the child."

SECTION 3. Said article is further amended in Code Section 19-9-3, relating to the discretion of the judge in custody disputes, by revising subsection (b) and by adding a new subsection to read as follows:
"(b) In any case in which a judgment awarding the custody of a child has been entered, on the motion of any party or on the motion of the judge, that portion of the judgment effecting visitation rights between the parties and their child or parenting time may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the child, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the judge to enter a judgment relating to the custody of a child in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the child. A military parent's absences caused by the performance of his or her deployments, or the potential for future deployments, shall not be the sole factor considered in supporting a claim of any change in material conditions or circumstances of either party or the child; provided, however, that the court may consider evidence of the effect of a deployment in assessing a claim of any change in material conditions or circumstances of either party or the child." "(i) Notwithstanding other provisions of this article, whenever a military parent is deployed, the following shall apply:
(1) A court shall not enter a final order modifying parental rights and responsibilities under an existing parenting plan earlier than 90 days after the deployment ends, unless such modification is agreed to by the deployed parent; (2) Upon a petition to establish or modify an existing parenting plan being filed by a deploying parent or nondeploying parent, the court shall enter a temporary modification

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order for the parenting plan to ensure contact with the child during the period of deployment when:
(A) A military parent receives formal notice from military leadership that he or she will deploy in the near future, and such parent has primary physical custody, joint physical custody, or sole physical custody of a child, or otherwise has parenting time with a child under an existing parenting plan; and (B) The deployment will have a material effect upon a deploying parent's ability to exercise parental rights and responsibilities toward his or her child either in the existing relationship with the other parent or under an existing parenting plan; (3) Petitions for temporary modification of an existing parenting plan because of a deployment shall be heard by the court as expeditiously as possible and shall be a priority on the court's calendar; (4)(A) All temporary modification orders for parenting plans shall include a reasonable and specific transition schedule to facilitate a return to the predeployment parenting plan over the shortest reasonable time period after the deployment ends, based upon the child's best interest. (B) Unless the court determines that it would not be in the child's best interest, a temporary modification order for a parenting plan shall set a date certain for the anticipated end of the deployment and the start of the transition period back to the predeployment parenting plan. If a deployment is extended, the temporary modification order for a parenting plan shall remain in effect, and the transition schedule shall take effect at the end of the extension of the deployment. Failure of the nondeploying parent to notify the court in accordance with this paragraph shall not prejudice the deploying parent's right to return to the predeployment parenting plan once the temporary modification order for a parenting plan expires as provided in subparagraph (C) of this paragraph. (C) A temporary modification order for a parenting plan shall expire upon the completion of the transition period and the predeployment parenting plan shall establish the rights and responsibilities between parents for the child; (5) Upon a petition to modify an existing parenting plan being filed by a deploying parent and upon a finding that it serves the best interest of the child, the court may delegate for the duration of the deployment any portion of such deploying parent's parenting time with the child to anyone in his or her extended family, including but not limited to an immediate family member, a person with whom the deploying parent cohabits, or another person having a close and substantial relationship to the child. Such delegated parenting time shall not create any separate rights to such person once the period of deployment has ended; (6) If the court finds it to be in the child's best interest, a temporary modification order for a parenting plan issued under this subsection may require any of the following: (A) The nondeploying parent make the child reasonably available to the deploying parent to exercise his or her parenting time immediately before and after the deploying

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parent departs for deployment and whenever the deploying parent returns to or from leave or furlough from his or her deployment; (B) The nondeploying parent facilitate opportunities for the deployed parent to have regular and continuing contact with his or her child by telephone, e-mail exchanges, virtual video parenting time through the Internet, or any other similar means; (C) The nondeploying parent not interfere with the delivery of correspondence or packages between the deployed parent and child of such parent; and (D) The deploying parent provide timely information regarding his or her leave and departure schedule to the nondeploying parent; (7) Because actual leave from a deployment and departure dates for a deployment are subject to change with little notice due to military necessity, such changes shall not be used by the nondeploying parent to prevent contact between the deployed parent and his or her child; (8) A court order temporarily modifying an existing parenting plan or other order governing parent-child rights and responsibilities shall specify when a deployment is the basis for such order and it shall be entered by the court only as a temporary modification order or interlocutory order; (9) A relocation by a nondeploying parent during a period of a deployed parent's absence and occurring during the period of a temporary modification order for a parenting plan shall not act to terminate the exclusive and continuing jurisdiction of the court for purposes of later determining custody or parenting time under this chapter; (10) A court order temporarily modifying an existing parenting plan or other order shall require the nondeploying parent to provide the court and the deploying parent with not less than 30 days' advance written notice of any intended change of residence address, telephone numbers, or e-mail address; (11) Upon a deployed parent's final return from deployment, either parent may file a petition to modify the temporary modification order for a parenting plan on the grounds that compliance with such order will result in immediate danger or substantial harm to the child, and may further request that the court issue an ex parte order. The deployed parent may file such a petition prior to his or her return. Such petition shall be accompanied by an affidavit in support of the requested order. Upon a finding of immediate danger or substantial harm to the child based on the facts set forth in the affidavit, the court may issue an ex parte order modifying the temporary parenting plan or other parent-child contact in order to prevent immediate danger or substantial harm to the child. If the court issues an ex parte order, the court shall set the matter for hearing within ten days from the issuance of the ex parte order; (12) Nothing in this subsection shall preclude either party from filing a petition for permanent modification of an existing parenting plan under subsection (b) of this Code section; provided, however, that the court shall not conduct a final hearing on such petition until at least 90 days after the final return of the deploying parent. There shall exist a presumption favoring the predeployment parenting plan or custody order as one

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that still serves the best interest of the child, and the party seeking to permanently modify such plan or order shall have the burden to prove that it no longer serves the best interest of the child; (13) When the deployment of a military parent has a material effect upon his or her ability to appear in person at a scheduled hearing, then upon request by the deploying parent and provided reasonable advance notice is given to other interested parties, the court may allow a deployed parent to present testimony and other evidence by electronic means for any matter considered by the court under this subsection. For purposes of this paragraph, the term 'electronic means' shall include, but not be limited to, communications by telephone, video teleconference, Internet connection, or electronically stored affidavits or documents sent from the deployment location or elsewhere;
(14)(A) When deployment of a military parent appears imminent and there is no existing parenting plan or other order setting forth the parent's rights and responsibilities, then upon a petition filed by either parent the court shall:
(i) Expedite a hearing to establish a temporary parenting plan; (ii) Require that the deploying parent shall have continued access to the child, provided that such contact is in the child's best interest; (iii) Ensure the disclosure of financial information pertaining to both parties; (iv) Determine the child support responsibilities under Code Section 19-6-15 of both parents during the deployment; and (v) Determine the child's best interest and consider delegating to any third parties with close contacts to the child any reasonable parenting time during the deployment. In deciding such request the court shall consider the reasonable requests of the deployed parent. (B) Any pleading filed to establish a parenting plan or child support order under this paragraph shall be identified at the time of filing by stating in the text of the pleading the specific facts related to the deployment and by referencing this paragraph and subsection of this Code section; (15) When an impending deployment precludes court expedited adjudication before deployment, the court may agree to allow the parties to arbitrate any issues as allowed under Code Section 19-9-1.1, or order the parties to mediation under any court established alternative dispute resolution program. For purposes of arbitration or mediation, each party shall be under a duty to provide to the other party information relevant to any parenting plan or support issues pertaining to the children or the parties; (16) Each military parent shall be under a continuing duty to provide written notice to the nondeploying parent within 14 days of the military parent's receipt of oral or written orders requiring deployment or any other absences due to military service that will impact the military parent's ability to exercise his or her parenting time with a child. If deployment orders do not allow for 14 days' advance notice, then the military parent shall provide written notice to the other parent immediately upon receiving such notice; and

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(17) A military parent shall ensure that any military family care plan that he or she has filed with his or her commander is consistent with any existing court orders for his or her child. In all instances any court order will be the first course of action for the care of a child during the absence of a military parent, and the military family care plan will be the alternative plan if the nondeploying parent either refuses to provide care for the child or acknowledges an inability to provide reasonable care for the child. A military parent shall not be considered in contempt of any court order or parenting plan when he or she in good faith implements his or her military family care plan based upon the refusal or claimed inability of a nondeploying parent to provide reasonable care for a child during a deployment."

SECTION 4. Said article is further amended by revising Code Section 19-9-6, relating to definitions for the article, as follows:
"19-9-6. As used in this article, the term:
(1) 'Armed forces' means the national guard and the reserve components of the armed forces, the United States army, navy, marine corps, coast guard, and air force. (2) 'Deploy' or 'deployment' means military service in compliance with the military orders received by a member of the armed forces to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty, temporary duty, or other such military service for which a parent is required to report unaccompanied by family members. Deployment shall include the period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave, or other lawful cause. Such term shall include mobilization. (3) 'Deploying parent' or 'deployed parent' means a military parent who has been formally notified by military leadership that he or she will deploy or mobilize or who is currently deployed or mobilized. (4) 'Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the judge may order joint legal custody without ordering joint physical custody. (5) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training; provided, however, that the judge may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. (6) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents. (7) 'Military family care plan' means a plan that is periodically reviewed by a military parent's commander that provides for care of a military parent's child whenever his or her military duties prevent such parent from providing care to his or her child and ensures

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that a military parent has made adequate and reasonable arrangements to provide for the needs and supervision of his or her child whenever a nondeploying parent is unable or unavailable to provide care in the military parent's absence. (8) 'Military parent' means a member of the armed forces who is a legal parent, adoptive parent, or guardian of a child under the age of 18, whose parental rights are established either by operation of law or the process of legitimation, and who has not had his or her parental rights terminated by a court of competent jurisdiction. (9) 'Mobilization' or 'mobilize' means the call-up of the national guard and the reserve components of the armed forces to extended active duty service. Such term shall not include National Guard or Reserves component annual training, inactive duty days, drill weekends, or state active duty performed within the boundaries this state. (10) 'Nondeploying parent' means:
(A) A parent who is not a member of the armed forces; or (B) A military parent who is currently not also a deploying parent. (11) 'Sole custody' means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training, and the noncustodial parent shall have the right to visitation or parenting time. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights or parenting time. (12) 'State active duty' means the call-up by a governor for the performance of any military duty while serving within the boundaries of that state. (13) 'Temporary duty' means the assignment of a military parent to a geographic location outside of this state for a limited period of time to accomplish training or to assist in the performance of a military mission."

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 11, 2011.

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COURTS RESTRICTIVE CUSTODY ORDERS.

No. 69 (House Bill No. 373).

AN ACT

To amend Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to clarify provisions relating to modifying an order for restrictive custody for designated felony acts under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by revising paragraph (2) of subsection (e) as follows:
"(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs, including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Department of Behavioral Health and Developmental Disabilities; (C)(i) A child adjudicated to have committed a designated felony act shall not be discharged from the custody of the Department of Juvenile Justice or released from restrictive custody prior to the period of time provided in the court's order unless a motion therefor is granted by the court. Notwithstanding Code Section 15-11-40, the Department of Juvenile Justice through legal counsel or the child may file a motion with the court seeking the child's release from custody, an order modifying the court's order requiring restrictive custody, or termination of an order of disposition for a child committed for a designated felony act; provided, however, that such motion shall not

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be made prior to the expiration of one year of custody and, except as the court in its discretion may allow, shall not be filed more than once every 12 months after any such motion has been denied. (ii) All motions filed under this subparagraph shall be accompanied by a written recommendation for release, modification, or termination from the child's Department of Juvenile Justice counselor or placement supervisor, filed in the court that committed the child to the department, and served on the prosecuting attorney for such jurisdiction. At least 14 days prior to the date of the hearing on the motion, the moving party shall serve a copy of the motion, by first-class mail, upon the victim of the designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the designated felony act. In addition to the parties to the motion, the prosecuting attorney and the victim, if any, shall have a right to be heard and to present evidence to the court relative to any motion filed pursuant to this subparagraph. (iii) A court hearing a motion filed under this subparagraph shall determine the disposition of the child based upon a preponderance of the evidence. In determining whether a motion for release from custody, modification of a restrictive custody order, or termination of an order of disposition should be granted or denied due to changed circumstances, the court shall be required to find that the child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors:
(I) The needs and best interests of the child; (II) The record and background of the child, including the disciplinary history of the child during the period of restrictive custody and subsequent offense history; (III) The academic progress of the child during the period of restrictive custody; (IV) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this subparagraph; (V) The safety risk to the community if the child is released; and (VI) The child's acknowledgment to the court and victim, if any, of his or her conduct being the cause of harm to others; and (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and"

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

Approved May 11, 2011.

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CONSERVATION SOLID WASTE; FEES; SURCHARGES; TIRE AND YARD TRIMMINGS DISPOSAL.

No. 70 (House Bill No. 274).

AN ACT

To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to certain cost reimbursement fees and surcharges relative to solid waste management; to change certain provisions relating to tire disposal restrictions; to change certain provisions relating to yard trimmings disposal restrictions; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended in Code Section 12-8-21, relating to declaration of policy and legislative intent relative to solid waste management, by revising subsection (g) as follows:
"(g) It is further the intent of the General Assembly to provide a frame of reference for this state and all counties, municipal corporations, and solid waste management authorities in this state relating to the handling of yard trimmings. It is also the intent of the General Assembly to encourage beneficial reuse of yard trimmings and other vegetative matter by composting and other methods of recycling and return of such vegetative matter to the soil and by reuse of yard trimmings to promote bioenergy and renewable energy goals. The General Assembly, therefore, adopts and recommends the following hierarchy for handling yard trimmings:
(1) Naturalized, low-maintenance landscaping requiring little or no cutting; (2) Grass cycling by mowing it high and letting it lie; (3) Return to the soil or other beneficial reuse on the site where the material was grown, including but not limited to:
(A) Stacking branches into brush piles for use as wildlife habitats and for gradual decomposition into the soil; (B) Composting on the site where the material was grown, followed by incorporation of the finished compost into the soil at that site; or (C) Chipping woody material on the site where such material was generated; and (4) Collecting yard trimmings and transporting them to another site to be:

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(A) Processed for mulch or feedstock for composting; (B) Processed for use as a bioenergy feedstock; or (C) Disposed in a lined landfill having a permitted gas collection system in operation by which landfill gas is directed to equipment or facilities for beneficial reuse such as electrical power generation, industrial end use, or other beneficial use promoting renewable energy goals."
SECTION 2. Said part is further amended in Code Section 12-8-39, relating to certain cost reimbursement fees and surcharges relative to solid waste management, by revising subsection (e) as follows:
"(e) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit towards such surcharges of 75 per ton of material recycled at the facility."
SECTION 3. Said part is further amended in Code Section 12-8-40.1, relating to tire disposal restrictions, 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, 2014. 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 4. Said part is further amended in Code Section 12-8-40.2, relating to yard trimmings disposal restrictions, by revising subsections (a) and (b) as follows:
"(a) Each city, county, or solid waste management authority may impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction; provided, however, that under no circumstances shall yard trimmings be placed in or mixed with municipal solid waste, except at:
(1) Landfills restricted to construction or demolition waste;

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(2) Inert waste landfills; or (3) Lined municipal solid waste landfills having operating landfill gas collection systems directed to beneficial uses of landfill gas that promote renewable energy goals such as electrical power generation, industrial end use, or similar beneficial reuse. (b) Except as otherwise provided in subsection (a) of this Code section, owners and operators of municipal solid waste landfills shall be prohibited from disposing of yard trimmings in municipal solid waste landfills."

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 11, 2011.

__________

REVENUE FOREST LAND CONSERVATION USE PROPERTY.

No. 71 (House Bill No. 95).

AN ACT

To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising Code Section 48-5-7.7, relating to ad valorem taxation of forest land conservation use property, 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.'

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(b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (2) 'Forest land conservation use property' means forest land each tract of which 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 of trees, 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 State Forestry Commission. (3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (4) 'Qualified property' means forest land conservation use property as defined in this subsection. (5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection.
(c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment:
(1) 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 unless otherwise required under subsection (e) of this Code section;

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(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)(2)(C) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. 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 or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, 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 of the covenant, the county board of tax assessors where the property is located 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 of the 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 additional 15 years. (e) Subject to the limitations of paragraph (1) 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 of land which are located in more than one county in which event the owner shall enter into a covenant with each county. In the event a single contiguous tract is required to have separate covenants under this subsection, the total acreage of that single

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contiguous tract shall be utilized for purposes of determining the 200 acre requirement of this Code section. (f) 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 48-5-7.1 or current use assessment under Code Section 48-5-7.4; 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 Code section, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant or covenants, if applicable, remain in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant or covenants, if applicable. (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)(1) If ownership of all or a part of the forest land conservation use property constituting at least 200 acres 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 of the covenant shall be deemed to have occurred if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. If a qualified owner has entered into an original forest land conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the 15 year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 200 acres. (2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In

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such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant. (j)(1) For each taxable year beginning on or after January 1, 2010, all applications for conservation use assessment under this Code section, including any forest land covenant required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in each county in which the property is located for the tax year for which such forest land conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for forest land conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such forest land 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 forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. Such county board of tax assessors shall file a copy of the approved covenant 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 covenant in the real property records maintained in the clerk's office. If the covenant 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 covenants shall be paid by the qualified owner of the eligible property with the application for forest land 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 of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application or covenant by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the 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. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax 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

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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) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, 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 two and one-half 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. (4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred. (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,

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municipality, and board of education in each year of the covenant shall be collected under 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 that portion of the property to which the penalty has been applied under subsection (m) of this Code section 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:
(1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good 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 owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such 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

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(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 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: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (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 or boards of assessors, if applicable, 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 boards of assessors, if applicable; 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 where the property is located.

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(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 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 State Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and the 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 where the property is located 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 such 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 of this Code section. Without limiting

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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 to deem a change in use as a breach of a covenant."

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 11, 2011.

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REVENUE SPLOST; INFEASIBLE PROJECTS.

No. 72 (House Bill No. 240).

AN ACT

To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to establish a procedure for modifying projects approved in a referendum that have become infeasible in connection with the county special purpose local option sales and use tax; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, is amended by adding a new Code section to read as follows:
"48-8-123. (a) For purposes of this Code section, the term 'infeasible' means that the project has, in the judgment of the governing authority as expressed in the resolution or ordinance required by subsection (b) of this Code section, become impracticable, unserviceable, unrealistic, or otherwise not in the best interests of the citizens of the special district or the municipality.

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(b)(1) Notwithstanding any other provision of this part to the contrary, if the tax authorized by this part has been imposed within a special district for a purpose or purposes authorized by subsection (a) of Code Section 48-8-111 and one or more projects authorized therein become or are determined to be infeasible, then the provisions of this Code section shall apply. However, this Code section shall not apply until and unless the governing authority or governing authorities specified under paragraph (2) of this subsection adopt a resolution or ordinance determining that such project or projects for which the levy has been approved have become infeasible in accordance with paragraph (2) of this subsection.
(2)(A) If a project that has become infeasible is a project for which the county is responsible, an ordinance or resolution of the county shall be required determining that the project has become infeasible. (B) If a project that has become infeasible is a municipal project, an ordinance or resolution of the municipality responsible for the project shall be required determining that the project has become infeasible. Upon its approval by the municipality, such ordinance or resolution shall be transmitted to the governing authority of the county. The county governing authority shall rely on the determination by the municipality that the municipal project has become infeasible. (C) If a project that has become infeasible is a joint project of the county or a county authority and one or more municipalities or a joint project of two or more municipalities, an ordinance or resolution of all of the jurisdictions involved in the joint project shall be required determining that the project has become infeasible. (3) If the governing authority desiring to determine that a project is infeasible has incurred or entered into financing for such project, whether through an intergovernmental contract, a multiyear lease or purchase contract under Code Section 36-60-13, or other form of indebtedness, no such ordinance or resolution shall be adopted until the governing authority discharges in full the obligation incurred or provides for the defeasance of such obligation. (c) Upon the adoption of the resolution or ordinance required by subsection (b) of this Code section, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Subject to approval in a referendum required by subsection (d) of this Code section, the county, or any municipality if the infeasible project is a project owned or operated by the municipality, or those entities that are part of a joint project, may expend the previously collected and future proceeds of the tax, or such portion thereof as was intended for the purpose that has been determined to be infeasible if the tax were imposed for more than one purpose, to reduce any general obligation indebtedness of the affected jurisdiction within the special district other than indebtedness incurred pursuant to this part, or by paying such proceeds into the general fund of the county or municipality to be used for the purpose of reducing ad valorem taxes, or both. In the event of a joint project in which there is an intergovernmental agreement apportioning the project, the proceeds shall be divided among the entities to such joint

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agreement according to such apportionment. In the event of a joint project in which there is no agreement apportioning the project, the proceeds shall be divided equally among the entities to the joint project.
(d)(1) Upon the adoption of the resolution or ordinance required by subsection (b) of this Code section, the governing authority of the county shall notify the county election superintendent by forwarding to the superintendent a copy of a resolution or ordinance calling for the modification of the purpose for which proceeds of the tax authorized by this part may be expended. Such ordinance or resolution shall specify the modified purpose for which the balance of proceeds of the tax are to be used and an estimate of the amount of the proceeds available to be used for the modified purpose. (2) Upon receipt of the resolution or ordinance required by this subsection, the election superintendent shall issue the call for an election for the purpose of submitting to the voters of the county within the special district the question of modifying the project or projects for which the proceeds of the levy may be expended. The election superintendent shall issue the call and shall conduct the election, in conjunction with the next election held, to submit to the electors of the special district the imposition of a tax under this part and shall conduct the election in the manner specified in subsection (b) of Code Section 48-8-111. (3) The ballot submitting a question of the approval of the modified purpose for a levy previously approved by the electors of the county within the special district as authorized by this Code section shall have written or printed thereon the following:
'( ) YES Shall the capital outlay project consisting of _________________ approved for use of proceeds of the special 1 percent sales and use tax
( ) NO imposed in the special district of ____________ County in a referendum on ___________ be modified so as to authorize use of such proceeds for the purpose of (reducing debt, reducing ad valorem taxes, or reducing debt and ad valorem taxes) of the (county) (municipality)?'
(4) If there are multiple projects to be submitted to the electors for approval of modified purpose, there shall be one question for all projects of the county or its authorities, one question for all projects of municipalities, and one question for joint projects. (5) All persons desiring to vote in favor of modifying the project or projects shall vote 'Yes,' and all persons opposed to modifying the project or projects shall vote 'No.' If more than one-half of the votes cast are in favor of modifying the project or projects, then the proceeds of the tax imposed as provided in this part shall be used for such modified purpose; otherwise, the proceeds of the tax shall not be used for such modified purpose. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.

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(e) This Code section shall not apply to a board of education which levies the sales tax for educational purposes pursuant to Part 2 of this article and Article VIII, Section VI, Paragraph IV of the Constitution."

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 11, 2011.

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REVENUE CONFIDENTIAL TAX INFORMATION; INCOME TAX; TAXABLE NONRESIDENT; CLEAN ENERGY PROPERTY; REAL PROPERTY DONATED FOR CONSERVATION.

No. 73 (House Bill No. 346).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding conditions under which certain confidential tax information may be released or used; to provide for limitations and conditions; to change the definition of taxable nonresident for income tax purposes; to revise and change the income tax credit for clean energy property; to change certain procedures, conditions, and limitations; to provide for the transfer, devise, and distribution of unused income tax credits for the donation of real property for conservation purposes; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-15, relating to confidential information, by revising subsection (e) as follows:
"(e) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information when necessary to conduct research commissioned by the department or where necessary in connection with the processing, storage, transmission, and reproduction of such tax information; the programming, maintenance, repair, testing, and procurement of equipment; and the providing of other services for purposes of tax administration. Any such access shall be pursuant to a written agreement with the department providing for the handling, permitted uses, and destruction of such tax information, requiring security clearance checks for such persons or groups of persons similar to those required of employees of the department, and including such other terms and conditions as the department may require to protect the confidentiality of the tax information to be disclosed. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department."

SECTION 2. Said title is further amended in Code Section 48-7-1, relating to definitions regarding income taxes, by revising paragraph (11) as follows:
"(11) 'Taxable nonresident' means: (A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit, including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00; (B) Every individual who is not otherwise a resident of this state for income tax purposes and who sells, exchanges, or otherwise disposes of tangible property which at the time of the sale, exchange, or other disposition has a taxable situs within this state or who sells, exchanges, or otherwise disposes of intangible personal property which has acquired at the time of the sale, exchange, or other disposition a business or commercial situs within this state;

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(C) Every individual who is not otherwise a resident of this state for income tax purposes and who receives the proceeds of any lottery prize awarded by the Georgia Lottery Corporation; (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 (10) of subsection (b) of Code Section 48-7-27; and
(E)(i) For purposes of this subparagraph, the term: (I) 'Deferred compensation' means deferred compensation received from a nonqualified deferred compensation plan. (II) 'Nonqualified deferred compensation plan' means the same as it is defined in Section 3121(v)(2) of the Internal Revenue Code.
(ii) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engaged in a prior year within this state, by himself or herself, in activity for financial gain or profit and who receives income from such activity in the form of deferred compensation or income from the exercise of stock options and such income exceeds the lesser of 5 percent of the income received by the person in all places during the taxable year or $5,000.00; provided, however, that this subparagraph shall not apply in the case of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law. For stock options granted and deferred compensation plans established before January 1, 2011, this subparagraph shall apply only to the portion earned on or after January 1, 2011. The commissioner shall by rule and regulation provide the method of determining the amount earned in Georgia using a 'days worked in Georgia' method. Such earned amount shall be included in the Georgia income of the taxable nonresident. (iii) Employers shall withhold Georgia income tax as provided in Article 5 of this chapter on all deferred compensation and stock options which are required to be included in Georgia income of the taxable nonresident. For purposes of withholding only:
(I) The employer shall use records that are available to them. However, if the records are not available, the employer may reasonably rely upon a written representation, signed under penalties of perjury, from the employee of the number of days worked in Georgia. The employer shall only be held liable if the employer had actual or constructive knowledge that the employee's written representation was false or contained erroneous information; and (II) The employer may elect to determine the number of days worked in Georgia by assuming the employee worked in Georgia only during the time the employee was a resident of Georgia. (iv) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this paragraph."

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SECTION 3. Said title is further amended in Code Section 48-7-29.12, relating to the income tax credit for donation of real property for conservation purposes, by adding a new subsection to read as follows:
"(d.1) Any tax credits under this Code section earned by a taxpayer and previously claimed but not used by such taxpayer against such taxpayer's income tax may be transferred or sold in whole or in part by such taxpayer to another Georgia taxpayer, subject to the following conditions:
(1) The transferor shall submit to the department 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 transferor's tax credit balance prior to transfer, 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; (2) Failure to comply with this subsection shall result in the disallowance of the tax credit until the taxpayer is in full compliance; (3) In no event shall the amount of the tax credit under this subsection claimed and allowed for a taxable year exceed the transferee's income tax liability. Any unused credit may be carried forward to subsequent taxable years provided that the transfer or sale of this 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; and (4) A transferee shall have only such rights to claim and use the tax credit that were available to the transferor at the time of the transfer. To the extent that such transferor did not have rights to claim and use the tax credit at the time of the transfer, the department shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against the transferor."

SECTION 3A. Said title is further amended in subsection (b) of Code Section 48-7-29.14, relating to the income tax credit for clean energy property, by revising the introductory language of paragraph (1), subparagraph (A) of paragraph (1), paragraph (3), and subparagraph (B) of paragraph (4) as follows:
"(1) 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 1, 2008, and December 31, 2014; 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; provided, however, that for any credit under this Code section which is allowed for calendar year 2012, 2013,

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or 2014, the entire credit may not be taken for the year in which the property is placed in service but must be taken in four equal installments over four successive taxable years beginning with the taxable year in which the credit is allowed;" "(3) In no event shall the total amount of tax credits allowed by this subsection exceed: (A) For calendar year 2008, $2.5 million; (B) For calendar year 2009, $2.5 million; (C) For calendar year 2010, $2.5 million; (D) For calendar year 2011, $2.5 million; (E) For calendar year 2012, $5 million; (F) For calendar year 2013, $5 million; and (G) For calendar year 2014, $5 million." "(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. In the event a taxpayer filed a timely application for such credit but is not allowed all or part of the credit amount such taxpayer would be authorized to receive because the limitations specified in paragraph (3) of this subsection have been reached, the commissioner shall add such taxpayer to a priority waiting list of applications, prioritized by the date of the taxpayer's first filed application. With respect to the credit allocation in subsequent years, taxpayers on the priority waiting list shall have priority over other taxpayers who apply for the credit for an installation in the subsequent years;"

SECTION 4. Said title is further amended in Code Section 48-7-60, relating to confidentiality of tax information, by revising subsection (d) as follows:
"(d) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information where necessary to conduct research commissioned by the department or where necessary in connection with the processing, storage, transmission, and reproduction of such tax information; the programming, maintenance, repair, testing, and procurement of equipment; and the providing of other services for purposes of tax administration. Any such access shall be pursuant to a written agreement with the department providing for the handling, permitted uses, and destruction of such tax information, requiring security clearance checks for such persons or groups of persons similar to those required of employees of the department, and including such other terms and conditions as the department may require to protect the confidentiality of the tax information to be disclosed. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department."

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SECTION 5. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2011. (c) Section 3A of this Act shall be applicable to all taxable years beginning on or after January 1, 2011. (d) Section 3 of this Act shall become effective on January 1, 2012, and shall apply to all taxable years beginning on or after January 1, 2012.

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

Approved May 11, 2011.

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REVENUE SALES AND USE TAX; EXEMPTION FOR AIRCRAFT REPAIR; REFUNDS FOR TOURIST ATTRACTIONS.

No. 74 (House Bill No. 234).

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 extend for a limited period of time the sales and use tax exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to provide for a program of tax refunds for companies creating new tourism attractions or expanding existing tourism attractions; to provide for a short title; to provide for definitions; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for agreements; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the Governor, the Department of Community Affairs, and the governing authorities of counties and municipalities; to provide for related matters; to provide for severability; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by revising paragraph (86) as follows:
"(86) For the period commencing on July 1, 2007, and ending on June 30, 2013, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state;"

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 6

48-8-270. This article shall be known and may be cited as the 'Georgia Tourism Development Act.'

48-8-271. As used in this article, the term:
(1) 'Agreement' means a tourism attraction agreement for a tourism attraction project entered into, pursuant to Code Section 48-8-275, on behalf of the Department of Community Affairs and an approved company. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a tourism attraction project pursuant to Code Section 48-8-275 and is approved, pursuant to subsection (b) of Code Section 48-8-274, by the Governor and by the governing authority of the city where the tourism attraction project is to be located if within a city and by the governing authority of the county where the tourism attraction project is to be located. (3) 'Approved costs' means:
(A) For new tourism attractions: (i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project; (ii) The costs of acquiring real property or rights in real property and any costs incidental thereto; (iii) All costs for construction materials and equipment installed at the new tourism attraction project; (iv) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and

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installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (v) All costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project; (vi) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project; (vii) All costs required for the installation of utilities, including but not limited to water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and (viii) All other costs comparable with those described in this subparagraph; or (B) For existing tourism attractions, any approved costs otherwise specified in subparagraph (A) of this paragraph; provided, however, that such costs are limited to the expansion only of an existing tourism attraction and not the renovation of an existing tourism attraction. (4) 'Incremental sales and use tax' means those state and local sales and use taxes generated by the tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located except as otherwise provided in Code Section 48-8-278. (5) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a convention hotel and conference center; an automobile race track with other tourism amenities; a golf course facility with other tourism amenities; marinas and water parks with lodging and restaurant facilities designed to attract tourists to the State of Georgia; or a Georgia crafts and products center. A tourism attraction shall not include the following: (A) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters; or (B) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging at the tourism attraction. (6) 'Tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if

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paid for by the approved company. Such term shall not include the renovation of an existing tourism attraction.

48-8-272. The General Assembly finds and declares that the general welfare and material well-being of the citizens of this state depend in large measure upon the development of tourism in the state; that it is in the best interest of this state to induce the creation of tourism attractions or expansion of existing tourism attractions within this state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the State of Georgia to approved companies and preserving and creating sources of tax revenues for the support of public services provided by the state; that the purposes to be accomplished under the provisions of this article are proper governmental and public purposes for which public moneys may be expended; and that the inducement of the creation of tourism attraction projects is of paramount importance to the economy of the state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes.

48-8-273. (a) In the sole discretion of the Governor, in consideration of the execution of the agreement, each approved company shall be granted a sales and use tax refund from the incremental sales and use tax on the sales generated by the approved company and arising at the tourism attraction. (b) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (c) For all tourism attractions the term of the agreement granting the sales and use tax refund shall be ten years, commencing on the later of:
(1) The final approval of the agreement for purposes of the sales and use tax refund; or (2) The date the tourism attraction opens for business and begins to collect sales and use taxes. (d) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (e) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the incremental sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project. The incremental sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the incremental sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs.

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(f) On or before March 31 of each year during the term of the agreement, an approved company shall file with the Department of Revenue a claim for the incremental sales and use tax refund collected by the approved company and remitted to the Department of Revenue during the preceding calendar year pursuant to subsection (e) of this Code section. (g) The Department of Revenue, in consultation with the Department of Community Affairs and other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Revenue to reflect the intent of this article. (h) No sales and use tax refund shall be granted to an approved project which is during a tax year simultaneously receiving any other state tax incentive. (i) Any sales and use tax refund shall be first applied to any outstanding tax obligation of the approved company which is due and payable to the state.

48-8-274. (a) The commissioner of community affairs, in consultation with the Governor and other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) An application for a tourism attraction project filed with the Department of Community Affairs shall include, but not be limited to:
(1) Marketing plans for the tourism attraction project that target individuals who are not residents of this state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated expenditures for the tourism attraction project and the anticipated sources of funding for such project; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues to be generated by the tourism attraction project. (c) Following the filing of the application, the Department of Community Affairs shall submit the application to an independent consultant who shall perform an in depth analysis of the proposed project. All costs associated with such analysis shall be paid for by the approved company. (d) The Governor may, in the Governor's sole discretion, grant approval to the tourism attraction project if the project shall: (1) Have approved costs in excess of $1 million and such project is to be a tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with tourism attractions in this state and the amount by which increased state local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company;

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(3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation; (4) Not adversely affect existing employment in the state; (5) For each year following the third year of operation, attract a minimum of 25 percent of its visitors from nonresidents of this state; and (6) Meet such other criteria as deemed appropriate by the Governor.

48-8-275. Following approval by the Governor, the Department of Community Affairs shall enter into an agreement with any approved company which may also include as a partner any local development authority, and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Community Affairs shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (e) of Code Section 48-8-273 for tax years commencing on or after July 1, 2011; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Community Affairs shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) A statement specifying the term of the agreement in accordance with subsection (c) of Code Section 48-8-273.

48-8-276. In the event an approved company fails to abide by the terms of the agreement, then such agreement shall be void and all sales and use tax proceeds which were refunded shall become immediately due and payable back to the state and to the governing authority of any county or municipality whose approval was required under paragraph (2) of Code Section 48-8-271.

48-8-277. An approved company may, in the discretion of the Governor, transfer its rights, duties, and obligations under the agreement to a successor company if the successor company meets the qualifications of an approved company and, upon such approval by the Governor, such successor approved company shall be authorized to receive the sales and use tax refunds for the remaining duration of the agreement if it abides by the terms of the agreement.

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48-8-278. This article shall not apply to the sales tax for educational purposes levied pursuant to Part 2 of Article 3 of this chapter and Article VIII, Section VI, Paragraph IV of the Constitution."

SECTION 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 4. This Act shall become effective on July 1, 2011.

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

Approved May 11, 2011.

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CRIMES DRUGS DRUG-FREE COMMERCIAL ZONES; REMOTE AUTOMATED MEDICATION SYSTEMS; FOOD SERVICE ESTABLISHMENTS.

No. 75 (House Bill No. 457).

AN ACT

To amend Chapter 13 of Title 16 and Title 26 of the Official Code of Georgia Annotated, relating to controlled substances and pharmacists and food, drugs, and cosmetics, respectively, so as to adopt and incorporate all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs through a certain date; to authorize the use of remote automated medication systems; to provide for a definition; to provide for the establishment of regulations and minimum standards by the State Board of Pharmacy; to authorize pharmacists to dispense prescriptions through a remote automated medication system; to provide that a remote automated medication system shall not be considered a vending

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machine for certain purposes; to change the definition of "food service establishment"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising subsection (f) of Code Section 16-13-32.6, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substance or marijuana in, on, or within drug-free commercial zone, as follows:
"(f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) of this Code section on or before March 28, 2011."

SECTION 2. Said chapter is further amended by revising Code Section 16-13-41, relating to prescriptions, by adding a new subsection to read as follows:
"(i)(1) Pharmacists may dispense prescriptions from a remote location for the benefit of an institution that uses a remote automated medication system in accordance with the requirements set forth in the rules and regulations adopted by the State Board of Pharmacy pursuant to paragraph (12.1) of subsection (a) of Code Section 26-4-28. (2) As used in this subsection, the term 'institution' means a skilled nursing facility or a hospice licensed as such under Chapter 7 of Title 31."

SECTION 3. Said chapter is further amended by revising Code Section 16-13-75, relating to drugs to be kept in the original container, as follows:
"16-13-75. (a) Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section 26-3-8. (b) The possession, filling, and use of canisters for remote automated medication systems pursuant to subsection (i) of Code Section 16-13-41 shall not be considered a violation of this Code section."

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SECTION 4. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising Code Section 26-2-370, 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 or indoor (other than school cafeteria food service) 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 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the 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."

SECTION 5. Said title is further amended by revising Code Section 26-4-5, relating to definitions, by adding a new paragraph to read as follows:
"(37.1) 'Remote automated medication system' means an automated mechanical system that is located in a skilled nursing facility or hospice licensed as such pursuant to

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Chapter 7 of Title 31 that does not have an on-site pharmacy and in which medication may be dispensed in a manner that may be specific to a patient."

SECTION 6. Said title is further amended by revising Code Section 26-4-28, relating to the powers, duties, and authority of the State Board of Pharmacy, by adding a new paragraph to subsection (a) to read as follows:
"(12.1) The licensure for the use of remote automated medication systems and the regulation and establishment of minimum standards for the use and operation of remote automated medication systems to ensure safe and efficient dispensing, including, but not limited to, appropriate security measures, requirements for skilled nursing facilities and hospices that utilize such systems, training requirements, accuracy and quality assurance measures, recordkeeping requirements, and such other appropriate requirements as determined by the board. The board may establish rules and regulations to implement the requirements of this paragraph."

SECTION 7. Said chapter is further amended by revising Code Section 26-4-80, relating to dispensing prescription drugs, by adding a new subsection to read as follows:
"(p) Pharmacists dispensing prescriptions pursuant to a remote automated medication system in accordance with the rules and regulations adopted by the State Board of Pharmacy pursuant to paragraph (12.1) of subsection (a) of Code Section 26-4-28 shall be considered in compliance with this Code section."

SECTION 8. Said chapter is further amended by revising Code Section 26-4-89, relating to the prohibition on selling drugs in vending machines, as follows:
"26-4-89. (a) Any person who shall sell or dispense drugs by the use of vending machines shall be guilty of a misdemeanor. (b) A remote automated medication system shall not be considered a vending machine for purposes of this Code section."

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

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

Approved May 11, 2011.

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CONSERVATION SOLID WASTE; LOCAL MANAGEMENT; PLANS; REPORTS.

No. 76 (Senate Bill No. 157).

AN ACT

To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that local solid waste management and reporting shall be optional; to provide for notices of proposed changes to local solid waste management plans; to provide for certain reports by landfill owners and operators; to repeal certain cost reporting 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. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by revising Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans, as follows:
"12-8-31.1. (a)(1) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan. (2)(A) The Department of Community Affairs under the provisions of Chapter 13 of Title 50 shall promulgate solid waste planning guidance that a city or county may use to update or amend such city's or county's solid waste plan. (B) Any city or county that proposes to update or amend its solid waste management plan shall publish notice of such proposed action in the county legal organ or the city's or county's Internet website, as applicable, at least two weeks prior to adopting such update or amendment to its plan in accordance with subsection (c) of this Code section.
(b) The local, multijurisdictional, or regional solid waste plan and plan updates shall, at a minimum, provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection and disposal capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors. (c) To be included as part of a local, multijurisdictional, or regional solid waste plan, each city and county included as part of the plan shall adopt the plan and any plan updates by local ordinance or resolution.

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(d) Each city and county may report annually to the Department of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional commissions for political jurisdictions within their region. The annual report may include but not be limited to:
(1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste, as evidenced by the solid waste received at disposal facilities in the planning area since the previous reporting period and total cumulative progress made toward meeting the waste reduction goals of the state; (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required. (e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local, multijurisdictional, or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following: (1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any; (2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local, multijurisdictional, or regional solid waste management plan; and (3) Demonstration that the host jurisdiction and all jurisdictions generating solid waste destined for the applicant's facility are part of an approved solid waste management plan or updated plan developed consistent with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal. (f) This Code section shall not apply to: (1) Any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure; or

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(2) Any privately owned solid waste handling facility seeking a permit or major modification of an existing permit where the host local governing authority has failed to make a good faith effort, as determined by the Department of Community Affairs, to develop and adopt a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; provided, however, that the permit applicant continues to be obligated to demonstrate that all generating jurisdictions from which waste will be received are part of an approved solid waste management plan developed in accordance with planning guidance promulgated pursuant to this part and have a strategy to meet and are actively engaged in meeting the state-wide goal of reducing waste. (g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste; (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or (3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility. (h) The provisions of subsection (d) of this Code section notwithstanding, each public or private owner or operator of a municipal solid waste landfill shall report annually to the Department of Community Affairs on the status of solid waste management for each municipal solid waste landfill it owns or operates in this state. The annual report for each such landfill shall include but not be limited to: (1) The amount of solid waste collected, processed, and disposed of at such landfill; (2) The remaining permitted capacity of the landfill; (3) Recycling and composting activities in existence at such landfill; and (4) Any other pertinent information as may be required by the Department of Community Affairs."

SECTION 2. Said chapter is further amended by repealing and reserving Code Section 12-8-39.2, relating to reports of costs of solid waste management services.

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

Approved May 11, 2011.

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INSURANCE CONTINUING CARE; PROVIDERS; FACILITIES; DISCLOSURE STATEMENTS; REQUIREMENTS.

No. 77 (Senate Bill No. 166).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to extensively revise the requirements for continuing care providers and facilities; to revise definitions; to provide for enforcement powers of the Commissioner of Insurance; to revise provisions relating to annual disclosure statements; to revise requirements for continuing care agreements; to provide extensive requirements for disclosure statements; to provide for specific financial requirements; to provide for supervision, rehabilitation, and liquidation of a continuing care provider facility; to revise provisions relating to penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Chapter 45, relating to continuing care providers and facilities, as follows:

"CHAPTER 45

33-45-1. As used in this chapter, the term:
(1) 'Continuing care' or 'care' means furnishing pursuant to an agreement lodging that is not in a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, or a personal care home as defined in Code Section 31-7-12; food; and nursing care, whether such nursing care is provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee.

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(2) 'Continuing care agreement' means a contract or agreement to provide continuing care or limited continuing care. Agreements to provide continuing care or limited continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (3) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident continuing care or limited continuing care; provided, however, that any such initial or deferred payment which is greater than or equal to 12 times the monthly care fee shall be presumed to be an entrance fee so long as such payment is intended to be a full or partial payment to assure the resident lodging in a residential unit. An accommodation fee, admission fee, or other fee of similar form and application greater than or equal to 12 times the monthly care fee shall be considered to be an entrance fee. (4) 'Facility' means a place in which it is undertaken to provide continuing care or limited continuing care. (5) 'Licensed' means that the provider has obtained a certificate of authority from the department. (6) 'Limited continuing care' means furnishing pursuant to an agreement lodging that is not in a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, or a personal care home as defined in Code Section 31-7-12; food; and personal services, whether such personal services are provided in a facility such as a personal care home or in another setting designated by the continuing care agreement, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. (7) 'Monthly care fee' means the fee charged to a resident for continuing care or limited continuing care on a monthly or periodic basis. Monthly care fees may be increased by the provider to provide care to the resident as outlined in the continuing care agreement. Periodic fee payments or other prepayments shall not be monthly care fees. (8) 'Nursing care' means services which are provided to residents of skilled nursing facilities or intermediate care facilities. (9) 'Personal services' means, but is not limited to, such services as individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. Personal services shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility. Personal services provided, if any, shall be designated in the continuing care agreement. (10) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation of an institution, building, residence, or other place, whether operated for profit or not, which

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owner or operator undertakes to provide continuing care or limited continuing care 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. (11) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement shall not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. (12) 'Residential unit' means a residence or apartment in which a resident lives that is not a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, or a personal care home as defined in Code Section 31-7-12.

33-45-2. (a) For the purpose of enforcing the requirements of this chapter, the Commissioner and the department shall be authorized to use the powers granted in Chapters 1 and 2 of this title. (b) A provider or facility which charges a resident an entrance fee for lodging in a residential unit and provides limited continuing care shall not call itself nor be considered a provider of continuing care, but such provider or facility shall otherwise be subject to the requirements imposed upon the providers and facilities regulated by this chapter; provided, however, that a facility that has received a certificate of authority and has been in conformance with the provisions of this chapter prior to July 1, 2011, may continue to call and present itself to the public as a provider of continuing care.

33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility or a facility providing limited continuing care to transact any insurance business other than that of continuing care insurance or limited continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Community Health or any other regulatory body exercising authority over continuing care providers or limited continuing care providers regulated by this chapter.

33-45-4. The administration of this chapter is vested in the department, which shall:
(1) Prepare and furnish all forms necessary under the provisions of this chapter; (2) Collect in advance, and the applicant shall pay in advance at the time of filing, a fee for an application for a certificate of authority or a renewal of a certificate of authority, both as provided in Code Section 33-8-1, and a late fee to be determined by the

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department. The department may also levy a fine not to exceed $50.00 a day for each day of noncompliance; and
(3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Specific provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter.

33-45-5. No person may engage in the business of providing continuing care or limited continuing care or issuing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. For purposes of this Code section, the term 'engage in the business of' shall include the development or construction of a facility subject to regulation under this chapter or the holding of oneself out to the public as a provider. The application for approval or renewal of a certificate of authority shall be on such forms as provided by the department. The department shall issue such certificate of authority if the applicant pays the required fees, and the continuing care agreement for the applicant meets the requirements of Code Section 33-45-7. The department shall renew a certificate of authority if the provider pays the required fees and furnishes the annual disclosure statements required by Code Section 33-45-6 and is otherwise not in violation of this chapter.

33-45-6. (a) Annually, on or before June 1, the provider shall file a revised disclosure statement and such other information and data showing its condition as of the last day of the preceding calendar year or fiscal year of the provider. If the department does not receive the required information on or before June 1, a late fee may be charged. The department may approve an extension of up to 30 days.
(b)(1) The provider shall also make the revised disclosure statement available to all the residents of the facility. (2) A provider shall also revise its disclosure statement and have the revised disclosure statement recorded at any other time if revision is necessary to prevent an otherwise current disclosure statement from containing a material misstatement of fact or omitting a material fact required to be stated therein. Only the most recently recorded disclosure statement, with respect to a facility, and in any event, only a disclosure statement dated within one year plus 120 days prior to the due date of the time of renewal of a certificate of authority required by this chapter, shall be considered current. (c) Notwithstanding the provisions of Code Section 33-45-9, the Commissioner may require a provider to submit such other information as he or she deems necessary to enforce this chapter.

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33-45-7. (a) In addition to other provisions considered proper to effectuate any continuing care agreement, addendum, or amendment, each such agreement, addendum, or amendment shall be in writing and shall:
(1) Provide for the continuing care or limited continuing care of only one resident, or for two persons occupying space designed for double occupancy under appropriate regulations established by the provider, and shall state the total consideration to be paid, including a list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents; (2) Specify all services which are to be provided by the provider to each resident, including, in detail, all items which each resident will receive, whether the items will be provided for a designated time period or for life, and whether the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the monthly care fee and which services or items are made available at or by the facility at extra charge. Such items may include, but are not limited to, food, lodging, personal services or nursing care, drugs, burial, and incidentals; (3) Describe the terms and conditions under which the continuing care agreement may be canceled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee will be refunded in the event of cancellation of the continuing care agreement by the provider or by the resident, including the effect of death of or any change in the health or financial condition of a person between the date of entering a continuing care agreement and the date of initial occupancy of a residential unit by that person; (4) Describe:
(A) The residential unit; (B) Any property rights of the resident; (C) The health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a residential unit; (D) The conditions under which a residential unit occupied by a resident may be made available by the provider to a different or new resident other than on the death of the prior resident; (E) The policies to be implemented and the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident; and (F) The procedures the provider shall follow to change the resident's accommodation if necessary for the protection of the health or safety of the resident or of the general and economic welfare of the facility;

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(5) State the fees that will be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry; (6) State whether the funds or property transferred for the care of the resident is:
(A) Nonrefundable, in which event the continuing care agreement shall comply with this subparagraph. Such continuing care agreement shall allow a 90 day trial period of residency in the facility during which time the provider, resident, or person who provided the transfer of funds or property for the care of such resident may cancel the agreement after written notice. A refund shall be made of such funds, property, or both within 120 days after the receipt of such notice and shall be calculated on a pro rata basis with the provider retaining no more than 10 percent of the amount of the entry fee. Notwithstanding the provisions of this subparagraph, the provisions of paragraph (7) of this subsection and the provisions of subsections (b) and (e) of this Code section shall apply to nonrefundable continuing care agreements; or (B) Refundable, in which event the continuing care agreement shall comply with this subparagraph. Such continuing care agreement may be canceled upon the giving of written notice of cancellation of at least 30 days by the provider, the resident, or the person who provided the transfer of property or funds for the care of such resident; provided, however, that if a continuing care agreement is canceled because there has been a good faith determination that a resident is a threat to his or her health or safety or to the health or safety of others, only such notice as is reasonable under the circumstances shall be required. The continuing care agreement shall further provide in clear and understandable language, in print no smaller than the largest type used in the body of the continuing care agreement, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within 120 days of notification. The moneys refunded to the resident may be from the escrow account required by Code Section 33-45-8 or from other funds available to the provider, and the continuing care agreement shall further comply with the following requirements:
(i) For a resident whose continuing care agreement with the facility provides that the resident does not receive a transferable membership or ownership right in the facility and who has occupied his or her residential unit, the refund shall be calculated on a pro rata basis with the facility retaining no more than 2 percent per month of occupancy by the resident and no more than a 4 percent fee for processing. Such refund shall be paid no later than 120 days after the giving of notice of intention to cancel; or (ii) If the continuing care agreement provides for the facility to retain no more than 1 percent per month of occupancy by the resident, it may provide that such refund will be payable upon receipt by the provider of the next entrance fee for any comparable residential unit upon which there is no prior claim by any resident; provided, however, that the agreement may define the term 'comparable residential unit upon

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which there is no prior claim'; specifically delineate when such refund is due; and establish the order of priority of refunds to residents. Unless the provisions of subsection (e) of this Code section apply, for any prospective resident, regardless of whether or not such resident receives a transferable membership or ownership right in the facility, who cancels the agreement prior to occupancy of the residential unit, the refund shall be the entire amount paid toward the entrance fee, less a processing fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his or her residential unit and who has received a transferable membership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right. Nothing in this paragraph shall be construed to require a continuing care agreement to provide a refund to more than one resident at a time upon the vacation of a specific comparable residential unit; (7) State the terms under which a continuing care agreement is canceled by the death of the resident. These terms may contain a provision that, upon the death of a resident, the entrance fee of such resident shall be considered earned and shall become the property of the provider. When the unit is shared, the conditions with respect to the effect of the death or removal of one of the residents shall be included in the continuing care agreement; (8) Require: (A) The continuing care agreement to provide for advance notice to the resident, of not less than 60 days, before any change in fees or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs; (B) A description of the manner by which the provider may adjust periodic charges or other recurring fees and the limitations on these adjustments, if any; and (C) A description of any policy regarding fee adjustments if the resident is voluntarily absent from the facility; (9) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by state or federal assistance programs; and (10) Describe the policy of the provider regarding reserve funding. (b) Notwithstanding the provisions of subparagraph (a)(6)(A) of this Code section, a resident has the right to rescind a continuing care agreement, without penalty or forfeiture, within seven days after executing such continuing care agreement. During the seven-day period, the resident's funds shall be retained in an escrow account in accordance with the provisions of subsection (a) of Code Section 33-45-8. A resident shall not be required to move into the facility designated in the continuing care agreement before the expiration of

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the seven-day period. In the event that the prospective resident exercises his or her right to rescind the continuing care agreement within seven days of executing such continuing care agreement, the facility shall return any portion of the entrance fee paid by the resident within 30 days of receipt of the prospective resident's notice of rescission. (c) The continuing care agreement shall include or shall be accompanied by a statement, printed in boldface type, which reads: 'This facility and all continuing care agreements in this state are regulated by Chapter 45 of Title 33 of the Official Code of Georgia Annotated. A copy of the law is on file in this facility. The law gives you or your legal representative the right to inspect our most recent disclosure statement before signing the agreement.' (d) Before the transfer of any money or other property, other than an application fee which shall not exceed $1,500.00, to a provider by or on behalf of a prospective resident, the provider shall present a typewritten or printed copy of the continuing care agreement and the disclosure statement required pursuant to Code Section 33-45-10 to the prospective resident and all other parties to the agreement. The provider shall secure a signed, dated statement from each party to the contract certifying that a copy of the continuing care agreement and the disclosure statement was received. (e) If a resident dies before occupying the facility or, through illness, injury, or incapacity, is precluded from becoming a resident under the terms of the continuing care agreement, the agreement shall be automatically canceled, and the resident or his or her legal representative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum, signed by both parties, to the agreement. (f) In order to comply with this Code section, a provider may furnish information not contained in the continuing care agreement through an addendum. (g) The Commissioner may also require the provider to submit to him or her a copy of the continuing care agreement generally used by the provider; provided, however, that nothing in this subsection shall prohibit the department from requiring the submission of an individual contract between the provider and the resident.

33-45-8. (a) Any portion of the entrance fee paid by a resident to the provider shall be held in an escrow account. The escrow agreement shall state that its purpose is to protect the resident or the prospective resident. Escrow funds may be released to the resident, prospective resident, or provider in accordance with the provisions of this Code section. (b) Entrance fees placed in escrow may be released in accordance with the provisions of this subsection as follows:
(1) Escrow funds may be released to the resident during or following the seven-day right of rescission period required in subsection (b) of Code Section 33-45-7. Such release shall be in accordance with the provisions of that Code section;

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(2) When a continuing care agreement between a resident and provider is nonrefundable, escrow funds or a portion thereof may be released to the resident if the resident exercises his or her right to receive a refund as provided in subparagraph (A) of paragraph (6) of subsection (a) of Code Section 33-45-7. The amount and timing of the release of funds to the resident shall be in compliance with the provisions of that subparagraph; (3) When the continuing care agreement between a provider and resident or prospective resident is refundable, escrow funds may be released by the provider to such resident or prospective resident. The amount and timing of the release of funds to the resident shall be in compliance with the provisions of subparagraph (B) of paragraph (6) of subsection (a) of Code Section 33-45-7; (4) For a facility under construction or in development, escrow funds may be released to the provider when:
(A) The provider has presold at least 50 percent of the residential units, having received a minimum 10 percent deposit on each of the presold residential units; (B) The provider has received a commitment for any first mortgage loan or other financing, and any conditions of the commitment prior to disbursement of funds thereunder have been substantially satisfied; and (C) Aggregate entrance fees received or receivable by the provider pursuant to binding continuing care agreements, plus the anticipated proceeds of any first mortgage loan or other financing commitment, are equal to not less than 90 percent of the aggregate cost of constructing or purchasing, equipping, and furnishing the facility, and not less than 90 percent of the funds estimated in the statement of cash flows submitted by the provider as that part of the disclosure statement required by this chapter, to be necessary to fund start-up losses and assure full performance of the obligations of the provider pursuant to continuing care contracts shall be on hand; (5) At the time a new project is financed or after the opening of a facility by a provider, escrow funds may be released to the provider, so long as the provider is in compliance with the financial reserves required by Code Section 33-45-11 and sufficient funds are maintained in escrow to meet the provider's obligations under subparagraphs (1) and (2) of this subsection; or (6) Escrow funds may be released to the provider under terms submitted to and approved by the Commissioner.

33-45-9. No act, agreement, or statement of any resident, or of an individual purchasing continuing care or limited continuing care for a resident, under any continuing care agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident; provided, however, that nothing in this Code section shall be construed to prohibit a continuing care agreement from providing for a resident or prospective resident to agree to arbitration prior to bringing any action pursuant to Code Section 33-45-12.

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33-45-10. (a) Each facility shall maintain as public information, available upon request, a copy of its current disclosure statement and the disclosure and all previous disclosure statements that have been filed with the department. (b) Each facility shall post in a prominent position in the facility so as to be accessible to all residents and to the general public a brief summary of the disclosure statement required pursuant to subsection (a) of this Code section, indicating in the summary where the full disclosure statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services shall also be posted. (c) Before entering into a continuing care agreement to furnish continuing care or at the time of, or prior to, the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever occurs first, the provider undertaking to furnish the care, or the agent of the provider, shall provide the current disclosure statement required pursuant to subsection (a) of this Code section and copies to the prospective resident, or his or her legal representative, of the continuing care agreement. (d) The text of the disclosure statement required by this Code section shall contain at least:
(1) The name and business address of the provider and a statement as to whether the provider is a partnership, corporation, or other type of legal entity; (2) The names and business addresses and description of the business experience of the person, if any, in the operation or management of similar facilities of the officers, directors, trustees, managing or general partners, any person having a 10 percent or greater equity or beneficial interest in the provider, and any person who will be managing the facility on a day to day basis and a description of these persons' interests in or occupations with the provider; (3) Information on all persons named in response to paragraph (2) of this subsection which details:
(A) Any conflict or potential conflict of interest; and (B) Any relevant criminal record, including a plea of nolo contendere, background on relevant civil judicial proceedings, and relevant action brought by a governmental agency or department, if the order or action arose out of or related to business activity of health care; (4) A statement as to whether the provider is or is not affiliated with a religious, charitable, or other nonprofit organization; the extent of the affiliation, if any; the extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider; and the provision of the Federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax; (5) An estimate of the number of residents of the facility to be provided services; (6) The location and description of the physical property or properties of the facility, existing or proposed, and to the extent proposed, the estimated completion date or dates, whether construction has begun, and the contingencies subject to which construction may be deferred;

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(7) The location of other facilities, if any, which the provider owns or operates; (8) A statement that the provider maintains financial reserves in conformance with the requirements of Code Section 33-45-11 or otherwise meets the requirements of that Code section; the provisions that the provider has made or will make to provide reserve funding or security to enable the provider to perform its obligations fully under continuing care agreements to provide continuing care or limited continuing care at the facility, including the establishment of escrow accounts, trusts, or reserve funds, together with the manner in which these funds will be invested; and the names and experience of any individuals in the direct employment of the provider who will make the investment decisions; (9) A financial statement audited by an independent certified public accountant which shall provide the information required by this Code section for two or more fiscal years if the facility has been in existence that long. If the facility has been in existence for a lesser length of time, the financial statements of the provider shall be for the most recent fiscal year or such shorter period of time as the provider shall have been in existence. If the provider's fiscal year ended more than 120 days prior to the date the disclosure statement is recorded, interim financial statements as of a date not more than 90 days prior to the date of recording the statement shall also be included but need not be certified to by an independent certified public accountant. The financial statement shall contain the following:
(A) An accountant's opinion and, in accordance with generally accepted accounting principles:
(i) A balance sheet; (ii) A statement of income and expenses; (iii) A statement of equity or fund balances; and (iv) A statement of changes in financial position; and (B) Notes to the financial statements considered customary or necessary for full disclosure or adequate understanding of the financial statements, financial condition, and operation and additional costs to the resident; (10) The level of participation in medicare or Medicaid programs, or both; and (11) A statement concerning all fees required of residents, including, but not limited to: (A) A statement of the entrance fee charged, the monthly service charges, the proposed application of the proceeds of the entrance fee by the provider, and the plan by which the amount of the entrance fee is determined if the entrance fee is not the same in all cases; and (B) A record of past increases in entrance fees and monthly care fees and other similar charges during the previous three years; (12) If a facility is in a stage of being proposed or developed, it shall additionally provide: (A) The summary of the report of an actuary estimating the capacity of the provider to meet its contractual obligation to the residents; and

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(B) A statement of cash flows and narrative disclosure detailing all significant assumptions used in the preparation of the statement of cash flows. The Commissioner may establish by rule or regulation the necessary and significant assumptions used in the preparation of the statements of cash flow; and (13) Any additional costs to the resident. (e) The cover page of the disclosure statement shall state, in a prominent location and in boldface type, the date of the disclosure statement, the last date through which the disclosure statement may be delivered if not earlier revised, and that the delivery of the disclosure statement to a contracting party before the execution of a continuing care agreement is required by this chapter, but that the disclosure statement has not been reviewed or approved by any government agency or representative to ensure accuracy or completeness of the information set out. (f) A copy of the continuing care agreement generally used by the provider shall be attached to each disclosure statement. (g) The Commissioner may prescribe a standardized format for the disclosure statement required by this Code section. (h) The department may require a provider to alter or amend its disclosure statement in order to provide full and fair disclosure to prospective residents. The department may also require the revision of a disclosure statement which it finds to be unnecessarily complex, confusing, or illegible.

33-45-11. (a) A provider or facility shall maintain financial reserves equal to 25 percent of the total operating costs of the facility projected for the 12 month period following the period covered by the most recent audited financial statements included in the disclosure statement required by Code Section 33-45-10. In addition to total operating expenses, total operating costs shall include debt service, consisting of principal and interest payments, along with taxes and insurance on any mortgage loan or other financing, but shall exclude depreciation, amortized expenses, and extraordinary items as approved by the Commissioner. If the debt service portion is accounted for by way of another reserve account, the debt service portion may be excluded. (b) A provider or facility which has opened but not yet achieved full occupancy, as defined by its lender or financing documents, if any, or 95 percent occupancy of its residential units; or a provider or facility that has received a certificate of authority and has been in conformance with the provisions of this chapter prior to July 1, 2011, shall be required to achieve the level of financial reserves required by paragraph (1) of this subsection as follows:
(1) The provider or facility shall submit a plan to the Commissioner the terms of which assure that the provider or facility shall maintain sufficient progress to achieving the level of financial reserves required by this Code section; and

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(2) The plan demonstrates that the provider or facility is substantially likely to achieve the required level of financial reserves within five years of opening or for existing facilities that received a certificate of authority and have been in conformance with the provisions of this chapter prior to July 1, 2011, within five years of July 1, 2011. For purposes of this paragraph, the term 'substantially likely' means a provider or facility shall meet the level of financial reserves required by paragraph (1) of this subsection at a minimum rate of 20 percent per year as of the end of each fiscal year after the later of the date the facility opens or July 1, 2011, up to a total of 100 percent as of the end of the fifth fiscal year. (c) The financial reserves required by this Code section may be funded by cash, by invested cash, or by investment grade securities, including bonds, stocks, United States Treasury obligations, obligations of United States government agencies, any reserves required by lenders or established by the facility, or any other financial resources approved by the Commissioner that can be used by the facility to meet its operating reserve. (d) The provider or facility shall notify the Commissioner as soon as the provider or facility has knowledge of the need to expend any funds which reduce the balance in the financial reserves to an amount less than the amount required by this Code section. Such notice shall be made within at least 30 business days of the provider or facility having such knowledge. If the provider or facility does not have such knowledge within 30 business days, the provider or facility shall notify the Commissioner as soon as possible, but not more than 30 business days after the expenditure of such funds. In the event that the amount in the reserves falls to an amount less than the amount required by this Code section, the Commissioner: (1) Shall require that the provider or facility submit a corrective action plan to be approved by the department such that the Commissioner finds that the provider or facility can be reasonably expected to be able to reinstate the level of financial reserves required by this Code section within sufficient time to ensure that the contractual liabilities of the provider and the best interests of the residents of the facility will be adequately protected; and (2) May require the provider or facility to make additional financial arrangements to ensure that the contractual liabilities of the provider and the best interests of the residents of the facility are adequately protected. Such arrangements may include:
(A) The posting of a security bond; (B) Requiring that the proceeds from any entrance fees from new residents be placed in escrow. Any requirement to escrow funds shall not be applied to funds which are subject to prior claims by a resident of the facility; (C) Any other security which the Commissioner determines provides adequate assurance that the provider or facility will be able to fulfill its obligations to its residents to the same extent as it would be if the financial reserves were funded at the amount required by this Code section; or

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(D) Requiring the provider or facility to work with lenders to refinance or reevaluate the current debt of the provider or facility. (e) Upon written application by a provider, the Commissioner may authorize a facility to maintain financial reserves in an amount less than the amount set forth in this Code section, or at a lesser rate than the minimum rate of 20 percent per year as of the end of each fiscal year set forth in paragraph (2) of subsection (b) of this Code section, if the Commissioner determines that the contractual liabilities of the provider and the best interests of the residents of the facility may be adequately protected by the financial reserves in a lesser amount or by achieving the required financial reserves at a lesser rate than 20 percent per year.

33-45-12. Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees.

33-45-13. (a) Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care agreement subject to this chapter without a valid certificate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter, is guilty of a misdemeanor. Each violation of this chapter constitutes a separate offense. (b) In addition to the powers granted pursuant to Chapters 1 and 2 of this title, the department may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the superior court of the county in which the violation occurred, is occurring, or is about to occur. (c) If, after a period of 180 days, or such additional time as the department shall deem appropriate, the corrective action plan required by paragraph (1) of subsection (d) of Code Section 33-45-11 has been submitted and approved by the department and the department deems the facility or provider to be unable to achieve the necessary financial reserves or is not making substantial progress toward achieving the required financial reserves, the department shall be authorized to take immediate action against the facility or provider's certificate of authority, including suspension or revocation of the certificate of authority; provided, however, that before the Commissioner suspends or revokes a certificate of authority, the Commissioner shall conduct a hearing in accordance with Chapter 2 of this title. (d) Any action brought by the department against a provider shall not abate by reason of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the Commissioner.

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33-45-14. Any contract or continuing care agreement executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or continuing care agreement executed on or after July 1, 1991, shall be subject to this chapter."

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

Approved May 11, 2011.

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INSURANCE SPECIAL ADVISORY COMMISSION ON MANDATED HEALTH INSURANCE BENEFITS.

No. 78 (Senate Bill No. 17).

AN ACT

To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to establish the Special Advisory Commission on Mandated Health Insurance Benefits; to provide for its membership, terms, meetings, and duties; to provide for review of proposed legislation containing a mandated health insurance benefit or provider; to provide for review of existing mandated health insurance benefits or providers; to provide for staff assistance; 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 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, is amended by adding a new Code section to read as follows:
"33-1-19. (a) The Special Advisory Commission on Mandated Health Insurance Benefits is hereby established, effective February 1, 2012, to advise the Governor and the General Assembly on the social and financial impact of current and proposed mandated benefits and providers, in the manner set forth in this Code section. The advisory commission shall be composed of 20 members and three ex officio members. Sixteen members shall be appointed by the Governor on or after February 1, 2012, as follows: one dentist, one obstetrician, one pediatrician, one family practice physician, one physician who is a specialist in chronic

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disease, one chief medical officer of a general, acute care hospital, one allied health professional, two representatives of small business, two representatives of a major industry, one expert in the field of medical ethics, one representative of the accident and health insurance industry, one representative from the Georgia Association of Health Plans, and two citizen members. The Senate Committee on Assignments shall appoint one member from the Senate Health and Human Services Committee and one member from the Senate Insurance and Labor Committee, and the Speaker of the House of Representatives shall appoint one member from the House Committee on Health and Human Services and one member from the House Committee on Insurance. The commissioner of community health, the Commissioner of Labor, and the Commissioner of Insurance shall serve as ex officio, nonvoting members. All members shall be appointed for terms of four years each, except that appointments to fill vacancies shall be made for the unexpired terms. (b) No person shall be eligible to serve for or during more than two successive four-year terms; but after the expiration of a term of two years or less, or after the expiration of the remainder of a term to which appointed to fill a vacancy, two additional four-year terms may be served by such a member if so appointed. (c) The advisory commission shall meet regularly and at the request of the Governor. The first meeting of the advisory commission shall be held no later than March 1, 2012, at which time the advisory commission shall select a chairperson and a vice chairperson, as determined by the membership. (d) The advisory commission shall:
(1) Develop and maintain, with the Department of Insurance, a system and program of data collection to assess the impact of mandated benefits and providers, including costs to employers and insurers, impact of treatment, cost savings in the health care system, number of providers, and other data as may be appropriate; (2) Advise and assist the Department of Insurance on matters relating to mandated insurance benefits and provider regulations; (3) Prescribe the format, content, and timing of information to be submitted to the advisory commission in its assessment of proposed and existing mandated benefits and providers. Such format, content, and timing requirements shall be binding upon all parties submitting information to the advisory commission in its assessment of proposed and existing mandated benefits and providers; (4) Provide assessments of proposed and existing mandated benefits and providers and other studies of mandated benefits and provider issues as requested by the General Assembly; (5) Provide additional information and recommendations, relating to any system of mandated health insurance benefits and providers, to the Governor and the General Assembly, upon request; and (6) Report annually on its activities to the joint standing committees of the General Assembly having jurisdiction over insurance by December 1 of each year.

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(e)(1) Whenever legislation containing a mandated health insurance benefit or provider is proposed, the standing committee of the General Assembly having jurisdiction over the proposal shall request that the advisory commission prepare and forward to the Governor and the General Assembly a study that assesses the social and financial impact and the medical efficacy of the proposed mandate. The advisory commission shall be given a period of six months, or until commencement of the next General Assembly, whichever is longer, to complete and submit its assessment. (2) The advisory commission shall assess the social and financial impact and the medical efficacy of existing mandated benefits and providers in effect as of January 1, 2012. The advisory commission shall submit a schedule of evaluations to the standing committees of the General Assembly having jurisdiction over health insurance matters by May 1, 2012, setting forth the dates by which particular mandates shall be evaluated by the advisory commission. The evaluations shall be completed and submitted to such standing committees no later than December 31, 2012. (f) The Department of Insurance, the Department of Labor, the Department of Community Health, and such other state agencies as may be considered appropriate by the advisory commission shall provide staff assistance to the advisory commission."

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

Approved May 11, 2011.

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COMMERCE AND TRADE CHIEF'S LAW.

No. 79 (House Bill No. 40).

AN ACT

To provide a short title; to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for limitations on liability under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as "Chief's Law."

SECTION 2. Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, is amended by adding a new Code section to read as follows:
"10-1-202.1. (a) Antifreeze sold in this state that is manufactured after July 1, 2012, containing more than 10 percent ethylene glycol shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable. (b) The requirements of subsection (a) of this Code section shall apply only to manufacturers, packagers, distributors, recyclers, or sellers of antifreeze and shall apply to recyclers notwithstanding the provisions of Code Section 10-1-208.1. (c) The requirements of subsection (a) of this Code section shall not apply to the sale of a motor vehicle, as defined in Code Section 40-1-1, that contains antifreeze or to wholesale containers containing 55 gallons or more of antifreeze. (d) A manufacturer, packager, distributor, recycler, or seller of antifreeze that is required to contain denatonium benzoate pursuant to this Code section shall not be liable to any person for personal injury, death, property damage, damage to the environment including without limitation natural resources, or economic loss that results solely from the inclusion of denatonium benzoate in the antifreeze; provided, however, that such limitation on liability shall only be applicable if denatonium benzoate is included in antifreeze in the concentrations mandated by subsection (a) of this Code section. Such limitation on liability shall not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in antifreeze. (e) In any criminal prosecution under this part or civil action for damages relating to the requirements of this part, a distributor or seller of antifreeze who is not the manufacturer, packager, or recycler of such antifreeze and who sells or distributes antifreeze that is labeled as containing denatonium benzoate shall not be criminally responsible for, and shall be immune from civil liability for, failure to include denatonium benzoate in such labeled package, bill of lading, receipt or container of antifreeze; provided, however, that if such distributor or seller of antifreeze has actual knowledge that the labeled product does not contain denatonium benzoate in the concentrations mandated by subsection (a) of this Code section, such distributor or seller shall not receive the immunity provided by this subsection."

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

Approved May 11, 2011.

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EDUCATION SERVICE CANCELABLE LOANS; STATE VETERINARY EDUCATION BOARD.

No. 80 (House Bill No. 60).

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 provisions relating to a service cancelable loan fund and authorized types of service cancelable educational loans; to provide for a State Veterinary Education Board and its membership, powers, and duties; to provide for purchases of loans made for educational purposes to students who have completed a veterinary medical degree program; to provide for consideration for such purchases in the form of services rendered through the practice of certain veterinary medicine specialties in this state; 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 paragraph (3) of subsection (b) of Code Section 20-3-374, relating to a service cancelable loan fund and authorized types of service cancelable educational loans, as follows:
"(3) Reserved; and"

SECTION 2. Said article is further amended by adding a new part as follows:

"Part 6A

20-3-518.1. As used in this part, the term:
(1) 'Board' means the State Veterinary Education Board created under Code Section 20-3-518.2. (2) 'Commissioner' means the Commissioner of Agriculture. (3) 'Department' means the Department of Agriculture.

20-3-518.2. (a) There shall be a State Veterinary Education Board which shall consist of:
(1) The Commissioner of Agriculture or his or her designee;

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(2) The dean of the College of Veterinary Medicine of the University of Georgia or his or her designee; (3) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia or his or her designee; (4) A person actively engaged in the production of livestock in this state, to be appointed by the Governor, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on the effective date of this part; and (5) A person actively engaged in the private practice of veterinary medicine in this state, whose practice includes but is not necessarily limited to food animals, to be appointed by the State Board of Veterinary Medicine, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on the effective date of this part. (b) Any vacancies on the board shall be filled in the same manner as the original appointment. (c) The board shall elect annually a chairperson and a vice chairperson to serve in the absence or inability of the chairperson. The board shall meet at least once each year at such time and place as may be fixed by the board. Special meetings shall be held upon the call of the chairperson. Three members of the board shall constitute a quorum for the transaction of business. No official action shall be taken by the board except upon the affirmative vote of at least three members of the board. (d) The board shall be attached to the Department of Agriculture for administrative purposes only, pursuant to Code Section 50-4-3.

20-3-518.3. (a) The board may provide for the purchase of loans made to students who are residents of Georgia for educational purposes who have completed a program of study in the field of doctor of veterinary medicine or its equivalent and are authorized to practice veterinary medicine in this state, with services in the form of the practice of veterinary medicine while residing in this state to be rendered as consideration for such loan purchases. (b) Only persons whose veterinary medicine practices in this state include food animal specialties shall be eligible for loan purchases under this part.

20-3-518.4. (a)(1) Persons whose applications are approved and enter into a loan purchase agreement with the board shall receive a loan purchase in a total amount to be determined by the board, but not exceeding $80,000.00 per person, as provided by Code Section 20-3-518.3. The loan purchases shall be paid in such manner as the board shall determine. (2) The loan purchases to be granted to each applicant shall be based upon the condition that the consideration for such loan purchases shall be services to be rendered by the applicant after entering into a loan purchase agreement with the board by practicing his

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or her profession in a board approved rural county in Georgia with a population of 35,000 or less according to the United States decennial census of 2010 or any future such census. (3) For time served after entering into a loan purchase agreement with the board in practicing his or her profession in such board approved location, the applicant shall receive a loan purchase at a rate equivalent to $20,000.00 per 12 months of service; provided, however, that the total purchase amount shall not exceed the maximum specified in paragraph (1) of this subsection. (b) The board shall not enter into new loan purchase agreements with more than five persons per year; provided, however, that the total sum of loan purchases from state appropriations for which the board contractually obligates itself in any fiscal year shall not exceed the amount of funds for such loan purchase purposes specified in annual appropriations Acts. Funds in the loan purchase fund account that are not expended or contractually obligated by the board for loan purchases during any fiscal year shall lapse.

20-3-518.5. (a) Each applicant before being granted a loan purchase shall enter into a contract with the board agreeing to the terms and conditions upon which the loan purchase is granted, including such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board and by the applicant. (b) The board shall have the authority to cancel the loan purchase contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority shall not be arbitrarily or unreasonably exercised.

20-3-518.6. The funds necessary for the loan purchases provided for by this part and to administer the terms of this part shall come from funds made available to the board from appropriations for such purpose. There shall be no compensation to board members for attending meetings or travel in the performance of their official duties.

20-3-518.7. The board shall adopt such rules and regulations as are reasonable and necessary to implement this part."

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

Approved May 11, 2011.

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STATE PROPERTY; CONVEYANCE.

No. 81 (House Resolution No. 71).

A RESOLUTION

Authorizing the conveyance of any remaining state interest in a certain tract of real property to Grady County; and for other purposes.

WHEREAS, on September 2, 1994, the State of Georgia acting by and through the State Properties Commission, conveyed title to a tract of real property consisting of approximately 2,933 acres, lying and being in Grady County, Georgia, in Land Lots 44, 45, 75, 76, 77, 78, 83, 84, 85, 86, 114,115,116,117,118,119, 123, 124, 125, 126, 127, and 156 in the 16th Land District, to Grady County, a political subdivision in the State of Georgia, as evidenced in that Quit Claim Deed recorded in Deed Book 344, Page 151, Grady County Records; and

WHEREAS, the above-described Quit Claim Deed and conveyance was subject to certain restrictions and conditions, and the State of Georgia now wishes to release the above-described property from these restrictions and conditions and further release any interest of the State of Georgia in the above-described real property to Grady County.

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

SECTION 1. That the State of Georgia wishes to release the above-described real property from certain terms and conditions and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through the State Properties Commission, shall execute a quit claim deed to the above-described property to Grady County for good and valuable consideration as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 3. 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 4. That the instrument of conveyance shall be recorded by the grantee in the Superior Court of Grady County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 5. That all laws and parts of laws in conflict with this resolution are repealed

Approved May 11, 2011.

__________

MENTAL HEALTH HABILITATION; DEVELOPMENTALLY DISABLED; OBSOLETE PROVISIONS DELETED; HEARINGS.

No. 84 (House Bill No. 324).

AN ACT

To amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the developmentally disabled generally, so as to revise definitions; to repeal various obsolete provisions relating to procedures for obtaining services from the Department of Behavioral Health and Developmental Disabilities relative to developmentally disabled persons; to provide for hearings by administrative law judges; to eliminate hearing examiners; 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 repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the developmentally disabled generally, is amended in Code Section 37-4-2, relating to definitions, as follows:
"37-4-2. As used in this chapter, the term:
(1) 'Client' means any person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other

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information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Behavioral Health and Developmental Disabilities to provide for the education, training, habilitation, and care of developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for developmentally disabled persons. The group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who comprise a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department.

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(7) 'Full and fair hearing' or 'hearing' means a proceeding before an administrative law judge, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the administrative law judge or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the administrative law judge shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the administrative law judge or in court in person or by deposition from any physician upon whose evaluation the decision of the administrative law judge or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The administrative law judge and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing, and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the administrative law judge's or the court's action. (8) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive habilitation team, and specifically tailored to the needs of an individual client. Each plan shall include:
(A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative,

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environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (12) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (13) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent."

SECTION 2. Said chapter is further amended in Code Section 37-4-5, relating to validity of hospitalization orders entered before September 1, 1978, as follows:
"37-4-5. (a) No hospitalization of a developmentally disabled person lawful before September 1, 1978, shall be deemed unlawful because of the enactment of this chapter. The board is authorized to establish reasonable regulations to require that the superintendent or regional state hospital administrator of each facility where developmentally disabled persons are in residence apply under Code Section 37-4-42 for an order authorizing continued care of a client for whom such care is necessary and who was initially hospitalized under an order of a court prior to September 1, 1978. Such prior orders of hospitalization entered by the courts, unless superseded at an earlier date by an order under this chapter, or unless such prior orders expire under their own terms at an earlier date, shall remain valid until 12 months following September 1, 1978, after which all such orders shall be null and void and of no effect. (b) No hospitalization of a person with developmental disabilities which was lawful before July 1, 2011, shall be deemed unlawful because of the repeal of former Code sections under Article 2 of this chapter."

SECTION 3. Said chapter is further amended by repealing and reserving Part 1 of Article 2, relating to general provisions relative to procedures for obtaining services from the department.

SECTION 4. Said chapter is further amended by repealing and reserving Code Sections 37-4-40, 37-4-41, and 37-4-43, relating to filing petitions with the court for according of program of services to developmentally disabled persons, procedure upon failure of or client's noncompliance

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with court ordered habilitation programs, and appointment of hearing examiners for hearings as to continued habilitation, respectively.

SECTION 5. Said chapter is further amended by repealing Code Sections 37-4-40.1, 37-4-40.2, 37-4-40.3, 37-4-40.4, and 37-4-40.5, relating to certification that a person requires temporary care, admission or discharge of a person in custody of a state facility for temporary care, rights of a person in custody of a state facility for temporary care, evaluation of a person in custody of a state facility for temporary care, and hearings to determine disposition of persons in custody of a state facility for temporary care, respectively.

SECTION 6. Said chapter is further amended by revising Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation, as follows:
"37-4-42. (a) If it is necessary to continue habilitation of a client beyond the end of the period during which the facility is currently authorized by order of a court or of an administrative law judge to retain the client, the superintendent or regional state hospital administrator, prior to the expiration of the period, shall seek an order authorizing such continued habilitation in the manner provided in this Code section. (b) A Committee for Continued Habilitation Review shall be established by the superintendent or regional state hospital administrator of each facility and shall consist of not less than five persons who meet the same requirements as those persons eligible to be members of the comprehensive habilitation team as defined in Code Section 37-4-2. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized program plan and to report to the superintendent or regional state hospital administrator its recommendations concerning the client's need for continued habilitation. No person who has responsibility for the habilitation of the individual client for whom continued habilitation is requested shall serve on any committee which reviews such individual's case. (c) If the superintendent or regional state hospital administrator desires to seek an order under this Code section authorizing continued habilitation for up to 12 months beyond the expiration of the currently authorized period of habilitation, he or she shall first file a notice of such intended action with the Committee for Continued Habilitation Review, which shall be forwarded to the committee at least 60 days prior to the expiration of that period. (d) Within ten days of the date of the notice, the committee shall meet to consider the matter of the superintendent's or regional state hospital administrator's intention to seek an order for continued habilitation. Prior to the committee's meeting, the client and his or her representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized program plan secured at their expense. In those cases in

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which the client will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the client and report to the committee. An updated individualized program plan for the client shall be presented to the committee. The committee shall report to the superintendent or regional state hospital administrator or his or her designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report shall specify whether or not the client is a developmentally disabled person requiring continued habilitation and whether continued habilitation is the least restrictive alternative available. (e) If after considering the committee's recommendations and minority recommendations, if any, the superintendent or regional state hospital administrator or his or her designee, other than the attending physician or a member of the committee, determines that the client is not a developmentally disabled person requiring continued habilitation, the client shall be discharged from the facility pursuant to subsection (b) of Code Section 37-4-44. (f) If after considering the committee's recommendations and minority recommendations, if any, the superintendent or regional state hospital administrator or his or her designee, other than the client's attending physician or a member of the committee, determines that the client is a developmentally disabled person requiring continued habilitation, he or she shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing continued habilitation along with copies of the updated individualized program plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized program plan on the client. The petition shall contain a plain and simple statement that the client or his or her representatives may file a request for a hearing with the Office of State Administrative Hearings within 15 days after service of the petition, that the client has a right to counsel at the hearing, that the client or his or her representatives may apply immediately to the administrative law judge to have counsel appointed if the client cannot afford counsel, and that the administrative law judge will appoint counsel for the client unless the client indicates in writing that he or she will have retained counsel by the time set for hearing or does not desire to be represented by counsel. (g) If a hearing is not requested by the client or the representatives within 15 days after service of the petition on the client and his or her representatives, the administrative law judge shall make an independent review of the committee's report, the updated individualized program plan, and the petition. If he or she concludes that continued habilitation may not be necessary or if he or she finds any member of the committee so concluded, then he or she shall order that a hearing be held pursuant to subsection (h) of this Code section. If he or she concludes that continued habilitation is necessary, then he or she shall order continued habilitation for a period not to exceed one year. (h) If a hearing is requested within 15 days after service of the petition on the client and his or her representatives or if the administrative law judge orders a hearing pursuant to subsection (g) of this Code section, the administrative law judge shall set a time and place

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for the hearing to be held within 25 days of the time the administrative law judge receives the request, but, in any event, no later than the day on which the current order for habilitation expires. Notice of the hearing shall be served on the client, his or her representatives, the facility, and, when appropriate, on counsel for the client. The administrative law judge, within his or her discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the client's attorney, when the client is unable to attend the hearing and is incapable of consenting to a waiver of his or her appearance, may move that the client not be required to appear; however, the record shall reflect the reasons for the administrative law judge's actions. (i) After such hearing, the administrative law judge may order the client's continued habilitation for a period not to exceed one year, subject to the power of the superintendent or regional state hospital administrator to discharge the client under subsection (b) of Code Section 37-4-44; provided, however, that if the administrative law judge finds that the client is not developmentally disabled or is not in need of care, training, education, habilitation, or other specialized services which the client is then receiving, the administrative law judge shall dismiss the petition."

SECTION 7. Said chapter is further amended in Code Section 37-4-82, relating to payment of expenses incurred in connection with hearings held under Chapter 4 of Title 37, as follows:
"37-4-82. (a) Except as provided in this Code section, the expenses of any hearing held under this chapter by a court or by an administrative law judge, including attorneys' fees authorized by paragraph (1) of subsection (b) of this Code section and including expenses authorized by paragraph (3) of subsection (b) of this Code section, shall be paid by the county in which the client has his or her residence or, if the client is a transient, by the county in which the client was initially taken into the custody of the state. Payment by such county of the hearing expenses shall only be required if the person who actually presides over the hearing executes an affidavit or includes a statement in his or her final order relating to the hearing that the assets of the client, his or her estate, and any persons legally obligated to support the client appear to be insufficient to defray such expenses, based upon all relevant information available to the person who actually presides over the hearing. Such affidavit or statement may include the client's name, address, and age. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. (b) Expenses of any hearing held under this chapter shall include:
(1) The fee to be paid to an attorney appointed under this chapter to represent a patient at such hearing. Such fee shall be as agreed between the attorney and the appointing court but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to

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represent an indigent criminal defendant, plus actual expenses which an attorney may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph; (2) The fee to be paid to the court to defray the cost of clerical help and the cost of any additional office space and equipment required for the conduct of such hearing. In hearings conducted pursuant to Code Section 37-4-42 such fee shall be $20.00, and in all other hearings under this chapter such fee shall be $40.00, excluding attorneys' fees and expenses of the administrative law judge; and (3) The fee to be paid to an administrative law judge appointed pursuant to subparagraph (A) of paragraph (5) of Code Section 37-4-2 to conduct a hearing. Such fee shall be as agreed between the administrative law judge and the appointing court, but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which the administrative law judge may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the administrative law judge may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph. The $40.00 court cost authorized by paragraph (2) of this subsection shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings."

SECTION 8. Said chapter is further amended in Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys, as follows:
"37-4-110. The client, the client's representatives, or the client's attorney may appeal any order of the probate court or administrative law judge rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The

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client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."

SECTION 9. Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, is amended by revising paragraph (3) of subsection (e), as follows:
"(3) The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment, as defined by paragraph (12) of Code Section 37-3-1, or a person with a developmental disability, as defined in paragraph (8) of Code Section 37-1-1, who presents a substantial risk of imminent harm to himself or herself or others. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing."

SECTION 10. Code Section 31-22-9.1 of the Official Code of Georgia Annotated, relating to who may perform HIV tests, is amended by revising subparagraph (a)(8)(B), as follows:
"(B) Facility for mentally ill persons or persons with developmental disabilities, as such terms are defined in Code Section 37-1-1, or alcoholic or drug dependent persons, as defined in Code Section 37-7-1;"

SECTION 11. Said chapter is further amended in Code Section 37-9-6, relating to standards for determination of assessments for less than the full cost of care, as follows:
"37-9-6. The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law and regulations; legal rights to payment under any insurance agreement, and other evidence of ability to

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pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section 37-9-8. In determining assessments for persons liable for cost of care, the department shall develop procedures to ensure that no dependent, deduction, or personal exemption as defined by Georgia income tax law will be reflected more than once in the determination of assessments for any one patient. In establishing standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care, except that the board may adopt separate criteria for assessing monthly benefits or funds from any source to cover cost of care, support, and treatment provided to patients who are hospitalized for longer than three months and whose current needs, as defined by the Social Security Administration, are being met. However, the board shall ensure that the assessment made each month shall allow the recipients of such benefits or funds to retain at a minimum an amount as a personal allowance equal to the amount of the personal needs allowance allowed beneficiaries under the state medical assistance plan. Further, such standards will include special provisions for assessing developmental disabilities respite care allowed by law or duly adopted departmental regulations, where such admissions are legally limited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care."

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 11, 2011.

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MENTAL HEALTH CRISIS STABILIZATION UNITS; HOSPITAL IMMUNITY.

No. 85 (House Bill No. 343).

AN ACT

To amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Behavioral Health and Developmental Disabilities as it related to mental health, so as to provide for crisis stabilization units for the purpose of providing psychiatric stabilization or detoxification services; to provide for a definition; to provide for licensure; to provide for requirements; to provide for rules and regulations; to amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, so as to provide for immunity for

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hospitals in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Behavioral Health and Developmental Disabilities as it related to mental health, is amended by adding a new Code section to read as follows:
"37-1-29. (a) As used in this Code section, the term 'crisis stabilization unit' means a short-term residential program operated for the purpose of providing psychiatric stabilization and detoxification services that complies with applicable department standards and that provides brief, intensive crisis services 24 hours a day, seven days a week. (b) The department shall be authorized to license crisis stabilization units pursuant to this Code section for the purpose of providing psychiatric stabilization and detoxification services in a community based setting rather than inpatient hospitalization and other higher levels of care. (c) The department shall establish minimum standards and requirements for the licensure of crisis stabilization units. Such standards and requirements shall include, but not be limited to, the following:
(1) The capacity to carry out emergency receiving and evaluating functions; (2) Voluntary and involuntary admission criteria; (3) The prohibition to hold itself out as a hospital or bill for hospital or inpatient services; (4) The unit is operated by an accredited and licensed, if applicable, health care authority; (5) The unit has operating agreements with private and public inpatient hospitals and treatment facilities; (6) The unit operates within the guidelines of the federal Emergency Medical Treatment and Active Labor Act with respect to stabilization and transfer of clients; (7) Length of stay; (8) Designation of transitional beds; (9) Billing; (10) Physician and registered professional nurse oversight; (11) Staff to client ratios; (12) Patient restraint or seclusion; (13) Safety and emergency protocols; (14) Pharmacy services; (15) Medication administration; and (16) Reporting requirements.

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(d) A crisis stabilization unit shall be designated as an emergency receiving facility under Code Sections 37-3-40 and 37-7-40 and an evaluation facility under Code Sections 37-3-60 and 37-7-60, but shall not be designated as a treatment facility under Code Section 37-3-80 or 37-7-80. Crisis stabilization units may admit individuals on a voluntary basis. Individuals may be provided 24 hour observation, detoxification and stabilization services, medication prescribed by a physician, and other appropriate treatment or services. (e) No entity shall operate as a crisis stabilization unit without having a valid license issued pursuant to this Code section. (f) Application for a license to operate a crisis stabilization unit shall be submitted to the department in the manner prescribed by the department's rules and regulations. (g) The department shall issue a license to an applicant who meets all the rules and regulations for the licensure of crisis stabilization units. The license shall be nontransferable for a change of location or governing body. (h) Each licensee shall permit authorized department representatives to enter upon and inspect any and all premises for which a license has been granted or applied for so that verification of compliance with all relevant laws or regulations can be made. (i) The department may deny any license application which does not meet all the rules and regulations for the licensure of crisis stabilization units and may suspend or revoke a license which has been issued if an applicant or a licensee violates any such rules and regulations; provided, however, that before any order is entered denying a license application or suspending or revoking a license previously granted, the applicant or license holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (j) Any program licensed as a crisis stabilization unit pursuant to this Code section shall be exempt from the requirements to obtain a certificate of need pursuant to Article 3 of Chapter 6 of Title 31. (k) It is the intent of the General Assembly that this Code section provide a public benefit and comply with all safety net obligations in this title and that patients without private health care coverage receive priority consideration for crisis stabilization unit placement. (l) The department shall promulgate rules and regulations in accordance with the General Assembly's intent as set out in subsection (k) of this Code section to implement the provisions of this Code section."

SECTION 2. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, is amended by revising Code Section 37-3-4, relating to immunity of physicians, peace officers, or other private or public hospital employees, as follows:
"37-3-4. Any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility

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operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility; provided, however, that nothing in this Code section shall be construed to relieve any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, from liability for failing to meet the applicable standard of care in the provision of treatment to a patient."

SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 37-3-163, relating to recognition of patient's physical integrity, as follows:
"(e) In cases of grave emergency where the medical staff of the facility in which a mentally ill individual has been accepted for treatment determines that immediate surgical or other intervention is necessary to prevent serious physical consequences or death and where delay in obtaining consent would create a grave danger to the physical health of such person, as determined by at least two physicians, then essential surgery or other intervention may be administered without the consent of the person, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination of the physicians shall be entered into the medical records of the patient and this will be proper consent for such surgery or other intervention. Such consent will be valid notwithstanding the type of admission of the patient and it shall also be valid whether or not the patient has been adjudged incompetent. This Code section is intended to apply to those individuals who, as a result of their advanced age, impaired thinking, or other disability, cannot reasonably understand the consequences of withholding consent to surgery or other intervention as contemplated by this Code section. Any hospital or any physician, agent, employee, or official who obtains consent or relies on such consent, as authorized by this Code section, and who acts in good faith and within the provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the obtaining of or the relying upon such consent; provided, however, that nothing in this Code section shall be construed to relieve any hospital or any physician, agent, employee, or official from liability for failing to meet the applicable standard of care in the provision of treatment to a patient. Actual notice of any action taken pursuant to this Code section shall be given to the patient and the spouse, next of kin, attorney, guardian, or representative of the patient as soon as practicably possible."

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

Approved May 11, 2011.

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INSURANCE HEALTH CARE SHARING MINISTRY; AIR AMBULANCE SERVICE.

No. 86 (House Bill No. 248).

AN ACT

To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a health care sharing ministry which enters into a health care cost sharing arrangement with its participants shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide that certain subscription agreements for prepaid air ambulance service shall not constitute a contract of insurance; 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. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding new Code sections to read as follows:
"33-1-19. (a) As used in this Code section, the term 'health care sharing ministry' means a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code which:
(1) Limits its participants to those who are of a similar faith; (2) Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry; (3) Provides for the financial or medical needs of a participant through contributions from one participant to another;

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(4) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants; (5) Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and (6) Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance: 'Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills.' (b) A health care sharing ministry which has entered into a health care cost sharing arrangement with its participants shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws respecting insurance companies, health maintenance organizations, or health benefit plans of any class, kind, or character in this state or subject to regulation under such laws, including, but not limited to, the provisions of this title, and shall not be subject to the jurisdiction of the Commissioner of Insurance.

33-1-20. (a) As used in this Code section, the term:
(1) 'Air ambulance' means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport. (2) 'Air ambulance service' means the for-hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished. (3) 'Membership fees' means amounts collected by a membership provider as consideration for a membership subscription. (4) 'Membership provider' means an entity that is licensed to provide air ambulance services pursuant to Chapter 11 of Title 31. (5) 'Membership subscription' means an agreement where a membership provider's charges to a subscription member for air ambulance services are discounted or are prepaid, but only for charges that are not otherwise covered by a third party. (6) 'Subscription member' means an individual who is the beneficiary of a membership subscription.

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(b)(1) The solicitation of membership subscriptions, the acceptance of applications for membership subscriptions, the charging of membership fees, and the furnishing of prepaid or discounted air ambulance service to subscription members by a membership provider shall not constitute the writing of insurance. (2) A membership subscription shall not constitute a contract of insurance."

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

Approved May 11, 2011.

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BUILDINGS BUILDING CODES; FARM BUILDINGS OR STRUCTURES.

No. 87 (House Bill No. 223).

AN ACT

To amend Code Section 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard building codes, codes requiring adoption by municipality or county, adoption of more stringent requirements by local governments, and adoption of standards for which state code does not exist, so as to provide an exemption for certain farm buildings or structures; 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 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard building codes, codes requiring adoption by municipality or county, adoption of more stringent requirements by local governments, and adoption of standards for which state code does not exist, is amended by adding a new subsection to read as follows:
"(e)(1) As used in this subsection, the term: (A) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' has the meaning provided by Code Section 1-3-3. (B) 'Farm' means real property or a portion thereof used for agricultural operations.

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(C) 'Farm building or structure' means a building or structure that is located on a farm and designed by the USDA Natural Resources Conservation Service (NRCS), not used for residential purposes, not intended primarily for public use, and used primarily for or in connection with agricultural operations for the sole purposes of manure storage and animal mortality composting or winter feeding and following the standards and specifications of NRCS practice codes 313 Waste Storage Facility and 317 Composting Facility as detailed in the USDA NRCS Field Office Technical Guide as such existed on January 1, 2011. (2) Farm buildings or structures shall be exempt from the state minimum standard building codes provided for in subdivisions (9)(B)(i)(I) and (9)(B)(i)(IX) of Code Section 8-2-20 and any amendment thereto adopted by the department pursuant to Code Section 8-2-23 or by a municipality or county pursuant to Code Section 8-2-25."

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 11, 2011.

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EDUCATION EPIPEN; CARRY AND SELF-ADMINISTER.

No. 88 (House Bill No. 227).
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 revise a law authorizing a student to carry and self-administer auto-injectable epinephrine; to provide for local board of education policies authorizing school personnel to administer auto-injectable epinephrine to students who are having an anaphylactic adverse reaction; to provide for a definition; to provide for information; 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:

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SECTION 1. 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 in Code Section 20-2-776, relating to auto-injectable epinephrine carried by a student, by adding a new subsection to read as follows:
"(g) Nothing in this Code section shall be construed to prohibit a school from receiving and storing prescription auto-injectable epinephrine onsite on behalf of a student who is not able to self-administer the medication because of age or any other reason if the parent or guardian provides:
(1) A written statement from a physician licensed under Chapter 34 of Title 43 detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken; and (2) A written statement by the parent or guardian providing a release for the school nurse or other designated school personnel to consult with the physician regarding any questions that may arise with regard to the medication, and releasing the school system and its employees and agents from civil liability. The written statements specified in this subsection shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes."

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"20-2-776.1. (a) As used in this Code section, the term 'auto-injectable epinephrine' means a disposable drug delivery device that is easily transportable and contains a premeasured single dose of epinephrine used to treat life-threatening allergic reactions. (b) Each local board of education shall adopt a policy authorizing school personnel to administer auto-injectable epinephrine, if available, to a student upon the occurrence of an actual or perceived anaphylactic adverse reaction by the student, whether or not such student has a prescription for epinephrine. (c) Each local board of education shall provide information to school personnel on how to recognize the symptoms of anaphylactic shock and the correct method of administering the auto-injectable epinephrine. (d) Any school personnel who in good faith administers or chooses not to administer epinephrine to a student pursuant to this Code section shall be immune from civil liability for any act or omission to act related to the administration of epinephrine, except that such immunity shall not apply to an act of willful or wanton misconduct."

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

Approved May 11, 2011.

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MOTOR VEHICLES PENAL INSTITUTIONS PROFESSIONS SCRAP VEHICLES; DRIVERS' LICENSES; OFFENSES; SUSPENSION; REINSTATEMENT; DEFENSIVE DRIVING AND DRIVER IMPROVEMENT COURSES; IDENTIFICATION CARDS; BACKGROUND CHECKS; IGNITION INTERLOCK DEVICES.

No. 89 (House Bill No. 269).

AN ACT

To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, so as to change the value of a vehicle that can be scrapped; to provide for procedures for notifying the Department of Revenue regarding the cancellation of titles to scrap vehicles; to add falsifying a statement regarding cancellation of title of a scrap vehicle to the list of acts deemed to be felonies; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for definitions; to provide that a driver granted a license due to an impairment of his or her parent or guardian must be accompanied while driving; to provide a definition of immediate family; to add an offense which mandates a suspension of the offender's driver's license upon conviction; to change certain fees regarding reinstatement of licenses; to provide for issuance of limited driving permits in certain situations; to change the requirement that certain statements by law enforcement officers need to be sworn statements; to provide that defensive driving courses be certified and approved by the Department of Driver Services; to provide that certificates of completion from unlicensed courses shall not be recognized; to update the types of approved driver improvement courses; to change certain provisions regarding issuance of identification cards; to change certain definitions regarding issuance of commercial drivers' licenses; to change certain requirements for issuance of an identification card for persons with disabilities; to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to grant authority to the commissioner to conduct background checks for certain applicants; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated,

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relating to probation, so as to exempt certain transactions relating to ignition interlock devices from subject matter jurisdiction requirement; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicles and parts dealers, so as to change a cross-reference; to provide for an effective date; to provide for a funding contingency; to repeal conflicting laws; to provide for related matters; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION .1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 40-3-36, relating to the cancellation of a certificate of title for scrap, dismantled, or demolished vehicles, as follows:
"(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle;

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(I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The used motor vehicle parts dealer or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the used motor vehicle parts dealer or scrap metal processor, in lieu of the physical delivery of the statement, in which case the used motor vehicle parts dealer or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the used motor vehicle parts dealer or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:
(i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to either a used motor vehicle parts dealer or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving used motor vehicle parts dealer or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the

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seller and the purchasing or receiving used motor vehicle parts dealer or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities. (G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card."

SECTION .2. Said chapter is further amended by revising Code Section 40-3-90, relating to felonies involving certificates of title, as follows:
"40-3-90. A person who, with fraudulent intent:
(1) Alters, forges, or counterfeits a certificate of title; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed; (3) Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27; (6) Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section 40-3-36; or (7) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony."

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SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (9) of Code Section 40-5-1, relating to definitions, as follows:
"(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Driver Services which consists of two components: assessment and intervention."

SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-22, relating to minimum ages for licensees, as follows:
"(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. The department shall require satisfactory proof that the physically impaired parent or guardian previously held a valid driver's license in the State of Georgia, another state, or the District of Columbia before issuing an instructional permit pursuant to this paragraph."

SECTION 3. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 40-5-24, relating to instruction permits and graduated licensing, as follows:
"(2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads,

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streets, or highways of this state when any other passenger in the vehicle is not a member of the driver's immediate family. (iii) Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the driver's immediate family is less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (C) For purposes of this paragraph, the term 'immediate family' shall include the license holder's parents and step-parents, grandparents, siblings and step-siblings, children, and any other person who resides at the license holder's residence."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspensions of drivers' licenses, as follows:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (7) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4."

SECTION 5. Said chapter is further amended by revising subsection (b) and subparagraph (e)(1)(B) of Code Section 40-5-58, relating to habitual violators, as follows:
"(b) When the records of the department disclose that any person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that his or her driver's license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory

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overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person."
"(B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual;"

SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to effective dates of revocations and suspensions, as follows:
"40-5-60. (a) All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law 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. (b) Notwithstanding any other provision of this chapter to the contrary, for any suspension or revocation for which the department is required to send notice to the driver, the department shall be authorized to direct such notice to the driver's new address as reflected in the records of the United States Postal Service in lieu of or in addition to sending such notice to the address reflected in his or her driving record."

SECTION 7. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions of return of drivers' licenses, as follows:
"(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program and pays the

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prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of six months coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates 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; or"

SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 40-5-64, relating to limited driving permits, as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 or over and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit. (3) To the extent a person is subject to more than one suspension for which a permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed

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pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident."

SECTION 9. Said chapter is further amended by revising subsections (c), (d), and (f) of Code Section 40-5-67.1, relating to testing for driving under the influence and administrative license suspensions, as follows:
"(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year. (d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle,

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the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter."
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing."

SECTION 10. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 40-5-75, relating to suspensions of drivers' licenses for controlled substance convictions, as follows:
"(3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to

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the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender shall pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. At the end of five years from the date on which the license was suspended, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction."

SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 40-5-81, relating to optional driver improvement programs, as follows:
"(a) Any driver improvement program at which attendance is required by court order shall conform to the requirements of this article. When a defensive driving course is required by a court having jurisdiction over misdemeanor traffic law offenses or by any prosecuting attorney thereof, such course shall be certified and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under this article."

SECTION 12. Said chapter is further amended by revising paragraph (1) of subsection (a) and subsections (c) and (e) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics, as follows:
"(a)(1) The commissioner shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course.

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Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, or corporation. Nothing in this paragraph shall be construed to affect in any way driving programs established for purposes of insurance premium reductions under the provisions of Code Section 33-9-42." "(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to a licensed instructor of any driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course. Any text or workbook provided or required by the Department of Driver Services for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to any public or private school, contractor, or appropriate representative currently teaching the program." "(e) The department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant shall meet the certification criteria promulgated by the department through its standards and shall provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $82.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol

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or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $22.00 for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."

SECTION 13. Said chapter is further amended by revising subsection (d) of Code Section 40-5-84, relating to reinstatement of suspended drivers' licenses for points, as follows:
"(d) The license of any person whose license is suspended for the second time within a five-year period as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail."

SECTION 14. Said chapter is further amended by revising subsections (c), (e), and (f) of Code Section 40-5-103, relating to identification cards, as follows:

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"(c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' or honorary driver's license under the provisions of Code Section 40-5-36." "(e) The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail. Any person who has previously been issued a driver's license who transitions from such license or applies for an identification card in addition to such license shall be eligible for such incentive discounts.
(f)(1) Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any 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, obtaining, or transitioning to 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 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 15. Said chapter is further amended by revising paragraph (22) of Code Section 40-5-142, relating to definitions applicable to commercial drivers' licenses, as follows:
"(22) 'Serious traffic violation' means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
(A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving; (C) Following another vehicle too closely; (D) Improper or erratic lane change, including failure to signal a lane change;

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(E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations, and excluding homicide by vehicle as defined in Code Section 40-6-393; (F) A railroad grade crossing violation in a noncommercial motor vehicle; (G) Driving a commercial motor vehicle without obtaining a commercial driver's license; (H) Driving a commercial motor vehicle without a commercial driver's license in the driver's immediate possession, and excluding such violations when the person's commercial driver's license or commercial driving privilege is suspended, revoked, canceled, or disqualified; (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported; or (J) Use of a wireless telecommunications device in violation of Code Section 40-6-241.2 while driving a commercial motor vehicle."

SECTION 16. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-148.3. (a) Any person applying for issuance or renewal of a commercial driver's license shall submit a certification of his or her type of driving and a current medical examiner's certificate to the department as required by 49 C.F.R. Parts 383 and 391. Receipt of such current medical examiner's certificate shall be reflected upon such person's driving record and posted to his or her CDLIS driver record as his or her medical certification status. (b) Upon the expiration of the medical examiner's certificate submitted to the department pursuant to this Code section, the department shall update the medical certification status of such person on his or her driving record and his or her CDLIS driving record. The department shall notify such person of the change of his or her medical certification status and advise such person that he or she will be disqualified from operating a commercial motor vehicle indefinitely if such person does not submit a current medical examiner's certificate to the department within 60 days. Such notice shall be sent via certified mail or such other delivery service obtained by the department that results in delivery confirmation to the address reflected on its records as the driver's mailing address. (c) A commercial driving disqualification imposed as the result of the expiration of a medical examiner's certificate shall be reinstated, and changes to a person's medical certification status shall be updated upon receipt of a current medical examiner's certificate. (d) The department shall suspend the commercial driving privilege or commercial driver's license of any person who submits a medical examiner's certificate containing false information. The period of such suspension shall be 60 days."

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SECTION 17. Said chapter is further amended by revising Code Section 40-5-172, relating to identification cards for persons with disabilities, as follows:
"40-5-172. (a) The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of five years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal. (b) The identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter. (c) The commissioner may by rule authorize renewal of an identification card issued to a person with a permanent disability by means other than personal appearance. No further documentation of such person's disability shall be required for such renewal."

SECTION 18. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, is amended by adding a new subsection to Code Section 40-16-5, relating to the authority of the commissioner, as follows:
"(f) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate regulations allowing for background investigations of applicants for credentials in any of the industries regulated by the department by means other than classifiable electronically recorded fingerprints in instances in which an applicant attempts to comply with the applicable statutory language mandating such background investigation, but his or her fingerprints cannot be captured electronically for reasons that are beyond the applicant's control."

SECTION 19. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding a new subsection to Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, as follows:
"(f) Exemptions granted due to financial hardship pursuant to paragraph (1) of subsection (a) of this Code section shall be exempt from the subject-matter jurisdiction limitations imposed in Code Sections 40-13-32 and 40-13-33."

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SECTION 20. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by revising paragraph (4) of Code Section 43-13-4, relating to qualifications of driver training school operators, as follows:
"(4) Provide a continuous surety company bond in the principal sum of $10,000.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $10,000.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. If at any time said bond is not valid and in force, the license of the school or program shall be deemed suspended by operation of law until a valid surety company bond is again in force;"

SECTION 20.1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicles and parts dealers, is amended in Code Section 43-47-10, relating to investigations of licensees and sanctions, by revising subparagraph (B) of paragraph (2) as follows:
"(B) Any of those activities described in paragraphs (1) through (6) of Code Section 40-3-90; or"

SECTION 21. (a) Sections 1 through 22 of this Act shall become effective on January 1, 2012. (b) Except as provided in subsection (c) of this section, Sections .1 and .2 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Sections .1 and .2 of this Act as expressed in a line item making specific reference to the full funding of Sections .1 and .2 of this Act in an appropriations Act enacted by the General Assembly. (c) Paragraph (2) of subsection (a) of Code Section 40-3-36, as amended in Section .1 of this Act, shall become effective on January 1, 2012.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Approved May 11, 2011.

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CRIMINAL PROCEDURE MENTAL COMPETENCY PROCEEDINGS AND EVALUATIONS.

No. 91 (House Bill No. 421).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the proceedings upon a plea of mental incompetency to stand trial; to provide for definitions and the use of consistent terminology; to provide for a bench or special jury trial for competency proceedings; to clarify procedures for competency evaluations; to provide that an accused determined to be mentally competent to stand trial may be housed by the Department of Behavioral Health and Developmental Disabilities under certain circumstances; to provide for maximum commitment to the Department of Behavioral Health and Developmental Disabilities under certain circumstances; to reorganize the Code relative to competency evaluations and procedures; to provide for a court to request a competency evaluation under certain circumstances; to change provisions relating to demands for speedy trial; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Part 2 of Article 6 of Chapter 7, relating to insanity and mental incompetency, by adding a new Code section to read as follows:
"17-7-129. (a) When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal. (b) If the court orders a competency evaluation and the accused serves notice of a special plea of mental incompetency to stand trial or raises the issue of insanity, the court shall

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release the competency evaluation to the prosecuting attorney. Such evaluation shall not be released to any other person absent a court order."

SECTION 2. Said title is further amended by revising Code Section 17-7-130, relating to the proceedings upon a plea of mental incompetency to stand trial, as follows:
"17-7-130. (a) As used in this Code section, the term:
(1) 'Child' means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-28. (2) 'Civil commitment' means the accused's involuntary inpatient or outpatient commitment pursuant to Chapter 3 or 4 of Title 37, as appropriate. (3) 'Court' means the court which has jurisdiction over the criminal charges against the accused. (4) 'Department' means the Department of Behavioral Health and Developmental Disabilities. (5) 'Developmental disability' shall have the same meaning as set forth in paragraph (8) of Code Section 37-1-1. (6) 'Inpatient' shall have the same meaning as in paragraph (9.1) of Code Section 37-3-1; provided, however, that as applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement. (7) 'Nonviolent offense' means any offense other than a violent offense. (8) 'Outpatient' shall have the same meaning as in paragraph (12.1) of Code Section 37-3-1, provided that:
(A) As applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement; and (B) The court determines that the accused meets the criteria for release on bail or other pre-trial release pursuant to Code Section 17-6-1. (9) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (10) 'Sexual offense' shall have the same meaning as set forth in Code Section 17-10-6.2. (11) 'Violent offense' means:
(A)(i) A serious violent felony; (ii) A sexual offense; (iii) Criminal attempt to commit a serious violent felony; (iv) Criminal attempt to commit a sexual offense; (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery;

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(viii) Aggravated stalking; (ix) Arson in the first degree or in the second degree; (x) Stalking; (xi) Fleeing and attempting to elude a police officer; (xii) Any offense which involves the use of a deadly weapon or destructive device; and (B) Those felony offenses deemed by the court to involve an allegation of actual or potential physical harm to another person. (b)(1) If an accused files a motion requesting a competency evaluation, the court may order the department to conduct an evaluation by a physician or licensed psychologist to determine the accused's mental competency to stand trial and, if such physician or licensed psychologist determines the accused to be mentally incompetent to stand trial, to make recommendations as to restoring the accused to competency. If the accused is a child, the department shall be authorized to place such child in a secure facility designated by the department. The department's evaluation shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or if pro se, to the accused, but otherwise, the evaluation shall be under seal and shall not be released to any other person absent a court order. (2) If the accused files a special plea alleging that the accused is mentally incompetent to stand trial, it shall be the duty of the court to have a bench trial, unless the state or the accused demands a special jury trial, to determine the accused's competency to stand trial. Once a special plea has been filed, the court shall submit the department's evaluation to the prosecuting attorney. (c) If the court finds the accused is mentally incompetent to stand trial, the court may order a department physician or licensed psychologist to evaluate and diagnose the accused as to whether there is a substantial probability that the accused will attain mental competency to stand trial in the foreseeable future. The court shall retain jurisdiction over the accused and shall transfer the accused to the physical custody of the department. At its discretion, the court may allow the evaluation to be performed on the accused as an outpatient if the accused is charged with a nonviolent offense. Such evaluation shall be performed within 90 days after the department has received actual custody of an accused or, in the case of an outpatient, a court order requiring evaluation of an accused. If the accused is a child, the department shall be authorized to place such child in a secure facility designated by the department. If the evaluation shows: (1) That the accused is mentally competent to stand trial, the department shall immediately report that determination and the reasons therefor to the court, and the court shall submit such determination to the attorney for the accused or, if pro se, to the accused and to the prosecuting attorney. The accused shall be returned to the court as provided for in subsection (d) of this Code section; (2) That the accused is mentally incompetent to stand trial and that there is not a substantial probability that the accused will attain competency in the foreseeable future,

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the court shall follow the procedures set forth in subsection (e) of this Code section for civil commitment or release; or (3) That the accused is mentally incompetent to stand trial but there is a substantial probability that the accused will attain competency in the foreseeable future, by the end of the 90 day period, or at any prior time, the department shall report that finding and the reasons therefor to the court and shall retain custody over the accused for the purpose of continued treatment for an additional period not to exceed nine months; provided, however, that if the accused is charged with a misdemeanor offense or a nonviolent offense, the court shall retain jurisdiction over the accused but may, in its discretion, allow continued treatment to be done on an outpatient basis by the department. The department shall monitor the accused's outpatient treatment for the additional period not to exceed nine months. If, by the end of the nine-month period or at any prior time the accused's condition warrants, the accused is still determined by the department physician or licensed psychologist to be mentally incompetent to stand trial, irrespective of the probability of recovery in the foreseeable future, the department shall report that finding and the reasons therefor to the court. The court shall then follow the procedures in subsection (e) of this Code section for civil commitment or release. (d)(1) If the department's physician or licensed psychologist determines at any time that the accused is mentally competent to stand trial, the department shall notify the court, and the accused shall be discharged into the custody of a sheriff of the jurisdiction of the court unless the charges which led to the evaluation or civil commitment have been dismissed, in which case, the accused shall be discharged from the department. In the event a sheriff does not appear and take custody of the accused within 20 days after notice to the appropriate sheriff of the jurisdiction of the court, the presiding judge of the court, and the prosecuting attorney for the court, the department shall itself return the accused to one of the court's detention facilities, and the cost of returning the accused shall be paid by the county in which the court is located. All notifications under this paragraph shall be sent by certified mail or statutory overnight delivery, return receipt requested. As an alternative to returning the accused to the sheriff of the jurisdiction of the court, the department may hold the accused at the department's secure facility instead of at the court's detention facilities whenever a department physician or licensed psychologist provides written notice to the court that such detention in the court's facilities would be detrimental to the well-being of the accused. Such alternative detention shall continue only until the date of the accused's trial. Regardless of where the accused is held, the court shall hold a bench trial to determine the accused's mental competency to stand trial within 45 days of receiving the department's evaluation or, if demanded, shall conduct a special jury trial within six months of receiving the department's evaluation. (2) If the accused is an outpatient and the department's physician or licensed psychologist determines at any time that the accused is mentally competent to stand trial, the accused may remain in the community under conditions of bond or other conditions ordered by the court, if any, until the date of the accused's trial, which shall be within 45 days of the

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court receiving the department's evaluation if tried by the court or within six months of receiving the department's evaluation if a special jury trial is demanded. (e) If the evaluation performed pursuant to subsection (c) of this Code section shows that the accused is mentally incompetent to stand trial and that there is not a substantial probability that the accused will attain competency in the foreseeable future: (1) If the accused is charged with a misdemeanor, the department shall return the physical custody of the accused to a sheriff of the jurisdiction of the court; provided, however, that as an alternative to returning the accused to the sheriff of the jurisdiction of the court, the department may hold the accused at the department's secure facility instead of at the court's detention facilities whenever a department physician or licensed psychologist provides written notice to the court that such detention in the court's facilities would be detrimental to the well-being of the accused. Such alternative detention shall continue only until the date of the accused's trial. Regardless of where the accused is held, the court shall, within 45 days of receiving the department's evaluation:
(A) Consider entry of a nolle prosequi of the charges pursuant to Code Section 17-8-3 and, if the accused is not a child, request that the department petition the probate court of the jurisdiction of the accused's residence for civil commitment of the accused; or (B) If the court finds that the accused does not meet the criteria for civil commitment, the accused shall be released in accordance with the provisions of Chapter 6 of this title; or (2) If the accused is charged with a felony, the department shall return the physical custody of the accused to a sheriff of the jurisdiction of the court; provided, however, that as an alternative to returning the accused to the sheriff of the jurisdiction of the court, the department may hold the accused at the department's secure facility instead of at the court's detention facilities whenever a department physician or licensed psychologist provides written notice to the court that such detention in the court's facilities would be detrimental to the well-being of the accused. Such alternative detention shall continue only until the date of the accused's trial. The department shall report to the court its finding regarding the accused's mental competency to stand trial, the reasons therefor, and its opinion as to whether the accused currently meets the criteria for civil commitment. The court may order an independent evaluation of the accused by a court appointed licensed clinical psychologist or psychiatrist, who shall report to the court in writing as to the current mental and emotional condition of the accused. Regardless of where the accused is held, the court shall, within 45 days of receiving the department's evaluation: (A) Consider entry of a nolle prosequi of the charges pursuant to Code Section 17-8-3 and, if the accused is not a child, request that the department petition the probate court of the jurisdiction of the accused's residence for civil commitment of the accused; or (B) Retain jurisdiction of the accused and conduct a trial at which the court shall hear evidence and consider all psychiatric and psychological evaluations submitted to the court and determine whether the state has proved by clear and convincing evidence that

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the accused meets the criteria for civil commitment. The burden of proof in such trials shall be upon the state. Following the trial:
(i) If the court finds that the accused does not meet the criteria for civil commitment, the accused shall be released in accordance with the provisions of Chapter 6 of this title; (ii) If the court finds that the accused meets the criteria for civil commitment, the judge may issue an order civilly committing the accused, and the court shall order the civil commitment to be on an inpatient or outpatient placement; provided, however, that if the accused is a child, the department shall be authorized to place such child in a secure facility designated by the department; (iii) If the accused is civilly committed pursuant to division (ii) of this subparagraph and was charged with a nonviolent offense, the court may order civil commitment on an annual basis, but in no case for a period to exceed the maximum period for which the accused could have been sentenced on the most serious nonviolent offense charged or a period to exceed five years, whichever is less, provided that civil commitment shall be reevaluated by a department physician or licensed psychologist on an annual basis; (iv) If the accused is civilly committed pursuant to division (ii) of this subparagraph and was charged with a violent offense, the court may order civil commitment on an annual basis, but in no case for a period to exceed the maximum period for which the accused could have been sentenced on the most serious violent offense charged, provided that civil commitment shall be reevaluated by a department physician or licensed psychologist on an annual basis; (v) Following the civil commitment pursuant to division (ii) of this subparagraph, a department physician or licensed psychologist shall submit to the court his or her annual evaluation as to whether the civilly committed accused continues to meet the criteria for civil commitment. The court shall mail the annual evaluation to the attorney for the accused or, if pro se, to the accused and to the prosecuting attorney. The court shall review the case annually and enter the appropriate order to renew the civil commitment, to change the civil commitment status, or, in the event the charges are dismissed, to transfer the jurisdiction of the case to the probate court of the jurisdiction of the accused's residence for further civil commitment; provided, however, that after the department submits its annual evaluation, if the state or the accused requests a hearing regarding civil commitment, the court shall hold a hearing on such issue; and (vi) An accused who is civilly committed pursuant to division (ii) of this subparagraph may make an application for release from civil commitment but shall only be released from that civil commitment by order of the court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131, except that the burden of proof in such release hearing shall be on the state, and if the civilly committed accused is indigent, the accused may petition

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the court to have an evaluation performed by a physician or licensed psychologist of the accused's choice, and the court may order the cost of such evaluation be paid for by the county. (f) If, at any time, the department's physician or licensed psychologist determines that the accused is mentally incompetent to stand trial but later determines that the accused is mentally competent to stand trial, the court shall be so notified and shall order the accused detained or discharged in accordance with paragraph (1) of subsection (d) of this Code section. Any accused determined by a department physician or licensed psychologist to be mentally competent to stand trial and returned to the court as provided in subsection (d) of this Code section shall again be entitled to file a special plea as provided for in this Code section. (g) If an accused is determined by a department physician or licensed psychologist to be mentally incompetent to stand trial, whether or not civilly committed pursuant to this Code section, the state may file at any time a motion for rehearing on the issue of the accused's mental competency to stand trial. If the state's motion is granted, the case shall proceed as provided in this Code section. (h) Nothing in this Code section shall prevent the accused or the state from seeking a court order for a nondepartment mental competency evaluation of the accused at the cost of the movant. If a nondepartment mental competency evaluation is ordered, the court shall abide by the time frames for trial as set forth in this Code section unless the court determines, for good cause shown, that such time frames require adjustment for a nondepartment evaluation. (i) The 'Crime Victims' Bill of Rights,' as set forth in Chapter 17 of this title, shall be applicable to any judicial proceeding held pursuant to this Code section, and notice shall be provided to any victim as set forth in such chapter."

SECTION 3. Said title is further amended in Code Section 17-7-170, relating to demands for speedy trials, by adding a new subsection to read as follows:
"(f) If a defendant files a special plea of incompetency to stand trial pursuant to Code Section 17-7-130 or if the court, pursuant to Code Section 17-7-129, conducts a trial on the competency of the defendant, the period of time during which such matter is pending shall not be included in the computation of determining whether a demand for speedy trial has been satisfied."

SECTION 4. Said title is further amended in Code Section 17-7-171, relating to the time for demand for speedy trial in capital cases, by adding a new subsection to read as follows:
"(d) If a defendant files a special plea of incompetency to stand trial pursuant to Code Section 17-7-130 or if the court, pursuant to Code Section 17-7-129, conducts a trial on the competency of the defendant, the period of time during which such matter is pending shall

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not be included in the computation of determining whether a demand for speedy trial has been satisfied."

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

Approved May 11, 2011.

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HEALTH CPR; ORDERS TO NOT PERFORM.

No. 92 (House Bill No. 275).

AN ACT

To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify the health care providers authorized to effectuate an order not to resuscitate; 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. Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, is amended in Code Section 31-39-2, relating to definitions pertaining to cardiopulmonary resuscitation, by adding new paragraphs to read as follows:
"(5.1) 'Caregiver' means an unlicensed assistant who provides direct health related care to patients or residents, a proxy caregiver performing health maintenance activities as provided in Code Section 43-26-12, or a person performing auxiliary services in the care of patients as provided in Code Section 43-26-12." "(8.1) 'Nurse' means a person who is a licensed practical nurse as provided in Code Section 43-26-32 or a registered professional nurse as provided in Code Section 43-26-3." "(11.1) 'Physician assistant' means a person licensed as a physician assistant pursuant to Article 4 of Chapter 34 of Title 43."

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SECTION 2. Said chapter is further amended in Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, by revising subsection (a) as follows:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."

SECTION 3. Said chapter is further amended by revising Code Section 31-39-6, relating to the revocation of consent to an order not to resuscitate, as follows:
"31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician. (b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician. (c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff, or a physician assistant, caregiver, health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation."

SECTION 4. Said chapter is further amended by revising Code Section 31-39-6.1, relating to form of order not to resuscitate, bracelet or necklace, and revocation or cancellation of order, as follows:

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"31-39-6.1. (a) In addition to those orders not to resuscitate authorized elsewhere in this chapter, any physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician shall be authorized to effectuate an order not to resuscitate for a person who is not a patient in a hospital, nursing home, or licensed hospice if the order is evidenced in writing containing the patient's name, date of the form, printed name of the attending physician, and signature of the attending physician on a form substantially similar to the following:

'DO NOT RESUSCITATE ORDER

NAME OF PATIENT: __________________________________________________ THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED ON THE ABOVE-NAMED PATIENT.

SIGNED:_______________________ ATTENDING PHYSICIAN
PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN: _________________ ATTENDING PHYSICIAN'S TELEPHONE NUMBER: _______________________ DATE:____________________' (b) A person who is not a patient in a hospital, nursing home, or licensed hospice and who has an order not to resuscitate pursuant to this Code section may wear an identifying bracelet on either the wrist or the ankle or an identifying necklace and shall post or place a prominent notice in such person's home. The bracelet shall be substantially similar to identification bracelets worn in hospitals. The bracelet, necklace, or notice shall provide the following information in boldface type:

'DO NOT RESUSCITATE ORDER

Patient's name: _________________________________________________________ Authorized person's name and telephone number, if applicable: __________________ Patient's physician's printed name and telephone number: ___________________ Date of order not to resuscitate: ___________________________________________' Any physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician shall be authorized to regard such a bracelet, necklace, or notice as a legally sufficient order not to resuscitate in the same manner as an order issued pursuant to this chapter unless such person has actual knowledge that such order has been canceled or consent thereto revoked as provided in this chapter. (c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) of this Code section may be revoked as provided in Code Section 31-39-6 and may be canceled as provided in Code Section 31-39-5."

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SECTION 5. Said chapter is further amended in Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, notification of next of kin or authorized person of patient by physician refusing to comply with an order not to resuscitate, by revising subsections (a) and (b) as follows:
"(a) No physician, health care professional, nurse, physician assistant, caregiver, health care facility, other licensed facility, emergency medical technician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter. (b) No physician, health care professional, nurse, physician assistant, caregiver, health care facility, other licensed facility, emergency medical technician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled."

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

Approved May 11, 2011.

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LABOR UNEMPLOYMENT BENEFITS; EXTENDED BENEFIT PERIOD; WORK READY PROGRAM.

No. 93 (House Bill No. 500).

AN ACT

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change certain provisions relating to unemployment; to change provisions relating to eligibility requirements for extended benefits so as to provide a state "on"

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indicator for triggering an extended benefit period under certain circumstances during a certain period of time; to change certain definitions; to provide for the administration of the Georgia Work Ready program by the Governor's Office of Workforce Development; to provide for support of the Georgia Work Ready program by the Department of Labor and the Department of Economic Development; to provide for definitions; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising paragraphs (1) and (3) of subsection (a) of Code Section 34-8-197, relating to eligibility requirements for extended benefits, as follows:
"(1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period; provided, however, that with respect to extended benefit periods established under division (a)(3)(B)(i) of this Code section pertaining to Section 2005 of Public Law 111-5 and any extension thereof that does not impose any new condition upon receipt of 100 percent federal funding, or division (a)(3)(B)(ii) of this Code section pertaining to Section 502 of Public Law 111-312, 'eligibility period' of an individual also means the period consisting of the weeks during which such individual is eligible for Emergency Unemployment Compensation provided for by the Supplemental Appropriations Act of 2008, Title IV Emergency Unemployment Compensation, Public Law 110-252, and the Unemployment Compensation Extension Act of 2008, Public Law 110-449, and any extension or expansion thereof, when such weeks begin in that extended benefit period and, if his or her eligibility for such emergency unemployment compensation ends within such extended benefit period, any weeks thereafter which begin in such period, except as otherwise limited by the provisions in division (a)(3)(B)(iii) of this Code section."
"(3)(A) 'Extended benefit period' means a period which: (i) Begins with the third week after a week for which there is a state 'on' indicator; and (ii) Ends with either of the following weeks, whichever occurs later: (I) The third week after the first week for which there is a state 'off' indicator; or (II) The thirteenth consecutive week of such period.
However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the

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average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent.
(B)(i) With respect to weeks of unemployment beginning on or after February 1, 2009, there is a state 'on' indicator for a week if:
(I) The average rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6 1/2 percent; and (II) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in subdivision (I) of this subparagraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years. (ii) In accordance with the provisions of Section 502(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, P.L. 111-312, with respect to weeks of unemployment beginning on or after February 27, 2011, and ending on December 31, 2011, there is a state 'on' indicator for a week if: (I) The average rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6 1/2 percent; and (II) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in subdivision (I) of this subparagraph, equals or exceeds 110 percent of such average for any or all of the corresponding three-month periods ending in the three preceding calendar years. (iii) This subparagraph shall apply only through the week ending four weeks prior to the last week for which 100 percent federal funding is authorized and provided pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of such law. (C) There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subparagraphs (A) and (B) of this paragraph result in an 'on' indicator."

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SECTION 2. Said title is further amended by revising subsections (m) and (n) of Code Section 34-8-197, relating to eligibility requirements for extended benefits, as follows:
"(m) For purposes of subsection (l) of this Code section, 'high-unemployment period' means a period during which an extended benefit period would be in effect if subdivision (a)(3)(B)(i)(I) or, if applicable, subdivision (a)(3)(B)(ii)(I) of this Code section were applied by substituting '8 percent' for '6 1/2 percent.' (n) Subsections (l) and (m) of this Code section shall apply through the week ending four weeks prior to the last week for which 100 percent federal funding is authorized and provided pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of such law."

SECTION 3. Said title is further amended by revising Code Section 34-14-1, relating to definitions, as follows:
"34-14-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1998, Public Law 105-220. (4) 'Georgia Work Ready' or 'program' means the state's branded workforce development enterprise administered and implemented by the Governor's Office of Workforce Development that:
(A) Links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels; and (B) Provides a system of educational and workforce development tools, skills gap training, job profiling, and skills assessments based on nationally recognized career and workforce readiness evaluations and standards. (5) 'Office' means the Governor's Office of Workforce Development."

SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"34-14-5. (a) The Governor's Office of Workforce Development shall, with the approval of the board, institute the Georgia Work Ready program. The implementation and operation of the program shall be subject to available federal funding as provided for in Code Section 34-14-4. The program shall be made available to job seekers free of charge. As a part of the program, the office shall implement and administer a work readiness computer

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training course that will include an educational component for job seekers on accessing the program, skills gap training, and how to complete an on-line job application. The Technical College System of Georgia shall provide to the office such services and locations needed by the office for delivery of the program to the public. (b) Under the Georgia Work Ready program the office shall:
(1) Develop and make available information regarding the program's workforce development tools and educational materials available to job seekers in Georgia. The office shall also develop and make available information regarding the Georgia Work Ready program related to educating potential employers about the benefits of hiring individuals who have participated in the program or become work ready certified. The information described in this paragraph shall be distributed to both the Department of Labor and the Department of Economic Development; and (2) Collect and disseminate data for purposes of evaluating the effectiveness of the program. Beginning July 1, 2012, and annually thereafter, the Department of Labor shall collect and provide to the office data regarding the employment status of persons who have participated in the program. The Department of Labor shall provide such other information that may be reasonably obtained that is determined by the office to be necessary for the evaluation of the effectiveness of the program. The office shall disseminate its evaluation of the program to the Department of Labor and the Department of Economic Development annually beginning January 1, 2013. The office, departments, and Technical College System of Georgia shall work cooperatively to provide support for the office's annual report. (c) Provided that the program is operational, the Department of Labor shall make the information provided by the office pursuant to paragraph (1) of subsection (b) of this Code section available to persons receiving unemployment benefits. The information shall be made available electronically and through the department's career centers or at such other locations reasonably likely to make such information available to the greatest number of unemployed persons seeking jobs. (d) Provided that the Georgia Work Ready program is operational, the Department of Economic Development shall make the information provided by the office pursuant to paragraph (1) of subsection (b) of this Code section available to businesses and industry. Such information shall be made available electronically and by such other means as the department shall determine reasonably likely to educate employers regarding the benefits of hiring persons who have participated in or become certified under the program. (f) The board is authorized to promulgate rules and regulations for purposes of implementing the requirements of this Code section."

SECTION 5. This Act shall become effective on July 1, 2011.

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

Approved May 11, 2011.

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STATE GOVERNMENT STATE PURCHASING CARDS; FRAUD PROTECTION.

No. 94 (House Bill No. 290).

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to correct an oversight in provisions protecting against fraudulent use of state purchasing cards as discovered and recommended by the House Committee on Information and Audits and to apply such fraud protection provisions to all state entities including state authorities; 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. 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 relative to state purchasing, is amended by revising Code Section 50-5-83, relating to definitions and requirements for the state purchasing card program, as follows:
"50-5-83. (a) As used in this Code section, the term:
(1) 'Agency' or 'agencies' means any entity of this state, including any department, agency, division, council, bureau, board, commission, public corporation, or authority; provided, however, that such term shall not mean a political subdivision of this state. (2) 'Department' means the Department of Administrative Services. (3) '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 agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such agencies or the state. (b) Any purchasing card program established by the department or by any other agency shall conform to the following requirements:

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(1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each agency 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 agency 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 agency 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 of the 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; (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 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; (10) Agencies 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) Agencies which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards; (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 agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of agencies and no purchasing cards shall be issued to employees of foundations associated with agencies; (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

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(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 an agency who knowingly: (1) 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 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 2. This Act shall become effective on July 1, 2011, and shall apply to offenses committed on or after such date.

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

Approved May 11, 2011.

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LABOR EMPLOYMENT SECURITY RATES; ASSESSMENTS.

No. 95 (House Bill No. 292).

AN ACT

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend certain contribution rates and credits; to change certain provisions relating to benefit experience; to extend suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2012; to provide for an increase in the overall rate; to continue provisions relating to administrative assessments; to extend the provision relating to automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising Code Section 34-8-151, relating to the rate of employer contributions, as follows:
"34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2016, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (c) For periods on or after January 1, 2000, but on or before December 31, 2016, each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162."

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SECTION 2. Said chapter is further amended by revising the introductory language to subsections (c) and (e) of Code Section 34-8-155, relating to benefit experience, as follows:
"(c) For the periods prior to April 1, 1987, or after December 31, 2016, variations from the standard rate of contributions shall be determined in accordance with the following requirements:" "(e) For the periods on or after January 1, 2000, but on or before December 31, 2016, variations from the standard rate of contributions shall be determined in accordance with the following requirements:"

SECTION 3. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and

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January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 34-8-180, relating to an administrative assessment on all wages, as follows:
"(b) For the periods on or after January 1, 2000, but on or before December 31, 2016, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of:
(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate."

SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 34-8-181, relating to an additional administrative assessment for new or newly covered employers, as follows:
"(b) For the periods on or after January 1, 2000, but on or before December 31, 2016, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158."

SECTION 6. Said chapter is further amended by revising Code Section 34-8-185, relating to the automatic repeal of Article 6, as follows:
"34-8-185. This article shall stand repealed in its entirety on December 31, 2016."

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

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

Approved May 11, 2011.

__________

PUBLIC UTILITIES 9-1-1 CHARGES; PREPAID WIRELESS SERVICE.

No. 96 (House Bill No. 256).

AN ACT

To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, so as to provide for the comprehensive regulation of 9-1-1 charges on prepaid wireless services; to provide for imposition, collection, and distribution of such charges; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of counties, municipalities, and the state revenue commissioner; to repeal certain provisions relating to prepaid wireless service; 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. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, is amended in Code Section 46-5-121, relating to legislative intent regarding 9-1-1 services, by adding a new subsection to read as follows:
"(e) The General Assembly further finds that the collection methodology for prepaid wireless telecommunications service should effectively capture 9-1-1 charges from prepaid users. It is the intent of the General Assembly to move the collection of existing 9-1-1 charges on prepaid wireless service to the retail point of sale."

SECTION 2. Said part is further amended by repealing in its entirety Code Section 46-5-134.2, relating to 9-1-1 charges for prepaid wireless service.

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SECTION 3. Said part is further amended by adding a new Code section to read as follows:
"46-5-134.2. (a) As used in this Code section, the term:
(1) 'Commissioner' means the state revenue commissioner. (2) 'Consumer' means a person who purchases prepaid wireless telecommunications service in a retail transaction. (3) 'Department' means the Department of Revenue. (4) 'Prepaid wireless 9-1-1 charge' means the charge that is required to be collected by a seller from a consumer in the amount established under subsection (b) of this Code section. (5) 'Prepaid wireless telecommunications service' has the same meaning as prepaid wireless service as such term is defined in Code Section 46-5-122. (6) 'Provider' means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission. (7) 'Retail transaction' means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (8) 'Seller' means a person who sells prepaid wireless telecommunications service to another person. (9) 'Wireless telecommunications service' means commercial mobile radio service as defined by Section 20.3 of Title 47 of the Code of Federal Regulations, as amended. (b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, are authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction. Imposition of the fee authorized by this Code section by a county or municipality is contingent upon compliance with the requirements of paragraph (1) of subsection (j) of this Code section. (2) Where a county or municipality that operates a 9-1-1 public safety answering point fails to comply with the requirements of paragraph (1) of subsection (j) of this Code section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of such counties and municipalities as a state fee for state purposes. (c) Where a county or municipality imposes a 9-1-1 charge as authorized by paragraph (1) of subsection (b) of this Code section, or the 9-1-1 charge is imposed by the State of Georgia by paragraph (2) of subsection (b) of this Code section, the prepaid wireless 9-1-1 charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless 9-1-1 charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

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(d) For the purposes of subsection (c) of this Code section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of a prepaid wireless calling service as provided in paragraph (3) of subsection (e) of Code Section 48-8-77. (e) The prepaid wireless 9-1-1 charge shall be the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless 9-1-1 charges that the seller collects from consumers as provided in this Code section, including all such charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller. (f) The amount of the prepaid wireless 9-1-1 charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency. (g) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. For purposes of this subsection, the term 'minimal' means an amount of service denominated as ten minutes or less, or $5.00 or less. (h) Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the commissioner at the times and in the manner provided by Chapter 8 of Title 48 with respect to the sales and use tax imposed on prepaid wireless calling service. The commissioner shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the sale of prepaid wireless calling service under Chapter 8 of Title 48. Audit and appeal procedures applicable under Chapter 8 of Title 48 shall apply to the prepaid wireless 9-1-1 charge. The commissioner shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions under Chapter 8 of Title 48. Nothing in this Code section shall authorize the commissioner to require that sellers of prepaid wireless calling services identify, report, or specify the jurisdiction within which the retail sale of such services occurred. (i) A seller shall be permitted to deduct and retain 3 percent of prepaid wireless 9-1-1 charges that are collected by the seller from consumers. (j) Prepaid wireless 9-1-1 charges remitted to the commissioner as provided in this Code section shall be distributed to counties, municipalities, and the State of Georgia as follows:
(1) On or before the December 31 of the year prior to the first year that the fee is imposed, each county and municipal corporation levying the fee, including counties and

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municipalities levying the fee that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, shall file with the commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which levy the prepaid wireless 9-1-1 charge authorized by this Code section. The ordinance or resolution specified herein shall specify an effective date of January 1, 2012, and impose a fee in the amount specified in paragraph (1) of subsection (b) of this Code section. The filing required by this paragraph shall be a condition of the collection of the prepaid wireless 9-1-1 charge within any county or municipality.
(2)(A) Each county or municipality operating a public safety answering point that has levied the prepaid wireless 9-1-1 charge authorized by this Code section and complied with the filing requirement of paragraph (1) of this subsection shall receive an amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending June 30 times a fraction, the numerator of which is the population of the jurisdiction or jurisdictions operating the public safety answering point and the denominator of which is the total population of the state. An amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending June 30 times a fraction, the numerator of which is the total population of any jurisdiction or jurisdictions operating public safety answering points that have not complied with the filing requirement of paragraph (1) of this subsection and the denominator of which is the total population of this state, shall be deposited as provided in paragraph (5) of this subsection. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the initial distribution shall be calculated using the total amount remitted to the commissioner during the six-month period beginning January 1, 2012, and ending June 30, 2012. (C) For the purposes of this paragraph, population shall be measured by the United States decennial census of 2010 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such charges by the commissioner and any official census data received by the commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the commissioner by the Office of Planning and Budget on or before August 31 of each year. (3) Funds shall be distributed annually on or before October 15 of each year. Such distribution shall include any delinquent charges actually collected by the commissioner for a previous fiscal year which have not been previously distributed. (4) Prior to calculating the distributions to county and municipal governments as provided in this subsection, the commissioner shall subtract an amount, not to exceed 2 percent of remitted charges, to defray the cost of administering and distributing funds

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from the prepaid wireless 9-1-1 charge. Such amount shall be paid into the general fund of the state treasury. (5) Funds distributed to a county or municipality pursuant to this Code section shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund, maintained by the local government pursuant to paragraph (2) of subsection (d) of Code Section 46-5-134. The commissioner shall deposit all funds received pursuant to paragraph (2) of subsection (b) of this Code section, other than the funds received pursuant paragraph (4) of this subsection, into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this paragraph be appropriated each year to a program of state grants to counties and municipalities administered by the department for the purpose of supporting the operations of public safety answering points in the improvement of 9-1-1 service delivery. The department shall promulgate rules and regulations for the administration of the 9-1-1 grant program. (6) Notwithstanding a county's or municipality's failure to comply with the filing requirement of paragraph (1) of this subsection prior to January 1, 2012, a county or municipality that subsequently meets such filing requirements prior to January 1 of any subsequent year shall become eligible to participate in the next succeeding distribution of proceeds pursuant to subparagraph (A) of paragraph (2) of this subsection. (k)(1) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 9-1-1 or enhanced 9-1-1 service, or for identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9-1-1 or enhanced 9-1-1 service. (2) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state in connection with any lawful investigation or other law enforcement activity by such law enforcement officer. (3) In addition to the liability provisions of paragraphs (1) and (2) of this subsection, the provisions of Code Section 46-5-135 shall apply to sellers and providers of prepaid wireless telecommunications service. (l) The prepaid wireless 9-1-1 charge authorized by this Code section shall be the only 9-1-1 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency for 9-1-1

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funding purposes upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service."

SECTION 4. (a) This section and Section 5 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval only for local administrative purposes but in no event shall a fee and charge be imposed prior to January 1, 2012. Section 3 shall become effective for all purposes on January 1, 2012. (c) Sections 1 and 2 of this Act shall become effective on January 1, 2012.

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

Approved May 11, 2011.

__________

LOCAL GOVERNMENT MUNICIPAL COURT JUDGES; QUALIFICATIONS.

No. 98 (Senate Bill No. 30).

AN ACT

To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, so as to require municipal court judges to be attorneys; 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. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, is amended by adding a new Code section to read as follows:
"36-32-1.1. Municipal court judges shall be licensed to practice law in the State of Georgia and an active member in good standing of the State Bar of Georgia; provided, however, that any judge serving on June 30, 2011, who does not meet the qualifications required by this Code

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section may serve as municipal court judge in any municipality so long as such judge is in compliance with Code Section 36-32-27. The provisions of this Code section shall expressly supersede any conflicting local law of this state."

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

Approved May 11, 2011.

__________

CONTRACTS RESTRICTIVE COVENANTS; REENACT HB 173 (Ga. L. 2009, p. 231).

No. 99 (House Bill No. 30).

AN ACT

To provide for legislative findings; to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to change provisions relating to contracts contravening public policy; to repeal Article 4 of Chapter 8 of Title 13, relating to restrictive covenants in contracts; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for enforcement by third-parties; to provide for construction; 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. During the 2009 legislative session the General Assembly enacted HB 173 (Act No. 64, Ga. L. 2009, p. 231), which was a bill that dealt with the issue of restrictive covenants in contracts and which was contingently effective on the passage of a constitutional amendment. During the 2010 legislative session the General Assembly enacted HR 178 (Ga. L. 2010, p. 1260), the constitutional amendment necessary for the statutory language of HB 173 (Act No. 64, Ga. L. 2009, p. 231), and the voters ratified the constitutional amendment on November 2, 2010. It has been suggested by certain parties that because of the effective date provisions of HB 173 (Act No. 64, Ga. L. 2009, p. 231), there may be some

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question about the validity of that legislation. It is the intention of this Act to remove any such uncertainty by substantially reenacting the substantive provisions of HB 173 (Act No. 64, Ga. L. 2009, p. 231), but the enactment of this Act should not be taken as evidence of a legislative determination that HB 173 (Act No. 64, Ga. L. 2009, p. 231) was in fact invalid.

SECTION 2. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by repealing subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy, and enacting a new subsection (a) to read as follows:
"(a) A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter; (3) Contracts to evade or oppose the revenue laws of another country; (4) Wagering contracts; or (5) Contracts of maintenance or champerty."

SECTION 3. Said chapter is further amended by repealing Code Section 13-8-2.1, relating to contracts in partial restraint of trade.

SECTION 4. Said chapter is further amended by repealing Article 4, relating to restrictive covenants in contracts, and enacting a new Article 4 to read as follows:

"ARTICLE 4

13-8-50. The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia and keeping existing businesses within the state. Further, the General Assembly desires to provide statutory guidance so that all parties to such agreements may be certain of the validity and enforceability of such provisions and may know their rights and duties according to such provisions.

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13-8-51. As used in this article, the term:
(1) 'Affiliate' means: (A) A person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person or entity; (B) Any entity of which a person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting rights or profit interest of such entity; (C) Any trust or other estate in which the person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; or (D) The spouse, lineal ancestors, lineal descendants, and siblings of the person, as well as each of their spouses.
(2) 'Business' means any line of trade or business conducted by the seller or employer, as such terms are defined in this Code section. (3) 'Confidential information' means data and information:
(A) Relating to the business of the employer, regardless of whether the data or information constitutes a trade secret as that term is defined in Code Section 10-1-761; (B) Disclosed to the employee or of which the employee became aware of as a consequence of the employee's relationship with the employer; (C) Having value to the employer; (D) Not generally known to competitors of the employer; and (E) Which includes trade secrets, methods of operation, names of customers, price lists, financial information and projections, route books, personnel data, and similar information; provided, however, that such term shall not mean data or information (A) which has been voluntarily disclosed to the public by the employer, except where such public disclosure has been made by the employee without authorization from the employer; (B) which has been independently developed and disclosed by others; or (C) which has otherwise entered the public domain through lawful means. (4) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business that accounts for 25 percent or more of the voting rights or profit interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity. (5) 'Employee' means: (A) An executive employee; (B) Research and development personnel or other persons or entities of an employer, including, without limitation, independent contractors, in possession of confidential information that is important to the business of the employer; (C) Any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts, customer

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information, or confidential information who or that has obtained such skills, learning, abilities, contacts, or information by reason of having worked for an employer; or (D) A franchisee, distributor, lessee, licensee, or party to a partnership agreement or a sales agent, broker, or representative in connection with franchise, distributorship, lease, license, or partnership agreements. Such term shall not include any employee who lacks selective or specialized skills, learning, or abilities or customer contacts, customer information, or confidential information. (6) 'Employer' means any corporation, partnership, proprietorship, or other business organization, whether for profit or not for profit, including, without limitation, any successor in interest to such an entity, who or that conducts business or any person or entity who or that directly or indirectly owns an equity interest or ownership participation in such an entity accounting for 25 percent or more of the voting rights or profit interest of such entity. Such term also means the buyer or seller of a business organization. (7) 'Executive employee' means a member of the board of directors, an officer, a key employee, a manager, or a supervisor of an employer. (8) 'Key employee' means an employee who, by reason of the employer's investment of time, training, money, trust, exposure to the public, or exposure to customers, vendors, or other business relationships during the course of the employee's employment with the employer, has gained a high level of notoriety, fame, reputation, or public persona as the employer's representative or spokesperson or has gained a high level of influence or credibility with the employer's customers, vendors, or other business relationships or is intimately involved in the planning for or direction of the business of the employer or a defined unit of the business of the employer. Such term also means an employee in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information who has obtained such skills, learning, abilities, contacts, or information by reason of having worked for the employer. (9) 'Legitimate business interest' includes, but is not limited to: (A) Trade secrets, as defined by Code Section 10-1-761; (B) Valuable confidential information that otherwise does not qualify as a trade secret; (C) Substantial relationships with specific prospective or existing customers, patients, vendors, or clients; (D) Customer, patient, or client good will associated with:
(i) An ongoing business, commercial, or professional practice, including, but not limited to, by way of trade name, trademark, service mark, or trade dress; (ii) A specific geographic location; or (iii) A specific marketing or trade area; and (E) Extraordinary or specialized training. (10) 'Material contact' means the contact between an employee and each customer or potential customer: (A) With whom or which the employee dealt on behalf of the employer;

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(B) Whose dealings with the employer were coordinated or supervised by the employee; (C) About whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (D) Who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of the employee's termination. (11) 'Modification' means the limitation of a restrictive covenant to render it reasonable in light of the circumstances in which it was made. Such term shall include: (A) Severing or removing that part of a restrictive covenant that would otherwise make the entire restrictive covenant unenforceable; and (B) Enforcing the provisions of a restrictive covenant to the extent that the provisions are reasonable. (12) 'Modify' means to make, to cause, or otherwise to bring about a modification. (13) 'Products or services' means anything of commercial value, including, without limitation, goods; personal, real, or intangible property; services; financial products; business opportunities or assistance; or any other object or aspect of business or the conduct thereof. (14) 'Professional' means an employee who has as a primary duty the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction or requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. Such term shall not include employees performing technician work using knowledge acquired through on-the-job and classroom training, rather than by acquiring the knowledge through prolonged academic study, such as might be performed, without limitation, by a mechanic, a manual laborer, or a ministerial employee. (15) 'Restrictive covenant' means an agreement between two or more parties that exists to protect the first party's or parties' interest in property, confidential information, customer good will, business relationships, employees, or any other economic advantages that the second party has obtained for the benefit of the first party or parties, to which the second party has gained access in the course of his or her relationship with the first party or parties, or which the first party or parties has acquired from the second party as the result of a sale. Such restrictive covenants may exist within or ancillary to contracts between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, employers and independent contractors, franchisors and franchisees, and sellers and purchasers of a business or commercial enterprise and any two or more employers. A restrictive covenant shall not include covenants appurtenant to real property. (16) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise.

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(17) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is:
(A) An owner of a controlling interest; (B) An executive employee of the business who receives, at a minimum, consideration in connection with a sale; or (C) An affiliate of a person or entity described in subparagraph (A) of this paragraph; provided, however, that each sale involving a restrictive covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more affiliates is controlled by or is under common control of such person or entity. (18) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause, upon the initiative of either party. (19) 'Trade dress' means the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace.

13-8-52. (a) The provisions of this article shall be applicable only to contracts and agreements between or among:
(1) Employers and employees; (2) Distributors and manufacturers; (3) Lessors and lessees; (4) Partnerships and partners; (5) Franchisors and franchisees; (6) Sellers and purchasers of a business or commercial enterprise; and (7) Two or more employers. (b) The provisions of this article shall not apply to any contract or agreement not described in subsection (a) of this Code section.

13-8-53. (a) Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted. However, enforcement of contracts that restrict competition after the term of employment, as distinguished from a customer nonsolicitation provision, as described in subsection (b) of this Code section, or a nondisclosure of confidential information provision, as described in subsection (e) of this Code section, shall not be permitted against any employee who does not, in the course of his or her employment:
(1) Customarily and regularly solicit for the employer customers or prospective customers; (2) Customarily and regularly engage in making sales or obtaining orders or contracts for products or services to be performed by others;

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(3) Perform the following duties: (A) Have a primary duty of managing the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (B) Customarily and regularly direct the work of two or more other employees; and (C) Have the authority to hire or fire other employees or have particular weight given to suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees; or
(4) Perform the duties of a key employee or of a professional. (b) Notwithstanding any other provision of this chapter, an employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting, or attempting to solicit, directly or by assisting others, any business from any of such employer's customers, including actively seeking prospective customers, with whom the employee had material contact during his or her employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against 'soliciting or attempting to solicit business from customers' or similar language shall be adequate for such purpose and narrowly construed to apply only to: (1) such of the employer's customers, including actively sought prospective customers, with whom the employee had material contact; and (2) products or services that are competitive with those provided by the employer's business.
(c)(1) Activities, products, or services that are competitive with the activities, products, or services of an employer shall include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products, or services, or geographic areas, is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. In case of a postemployment covenant entered into prior to termination, any good faith estimate of the activities, products, or services, or geographic areas, that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products, or services, or geographic areas. The postemployment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products or services actually offered, or the geographic areas actually involved within a reasonable period of time prior to termination. (2) Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within two years prior to termination' or similar language containing the same or a lesser time period. The phrase 'the territory where the employee is working at the time of termination' or similar

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language shall be considered sufficient as a description of geographic areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination. (d) Any restrictive covenant not in compliance with the provisions of this article is unlawful and is void and unenforceable; provided, however, that a court may modify a covenant that is otherwise void and unenforceable so long as the modification does not render the covenant more restrictive with regard to the employee than as originally drafted by the parties. (e) Nothing in this article shall be construed to limit the period of time for which a party may agree to maintain information as confidential or as a trade secret, or to limit the geographic area within which such information must be kept confidential or as a trade secret, for so long as the information or material remains confidential or a trade secret, as applicable.

13-8-54. (a) A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. (b) In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive covenant unless it is in compliance with the provisions of Code Section 13-8-53; provided, however, that if a court finds that a contractually specified restraint does not comply with the provisions of Code Section 13-8-53, then the court may modify the restraint provision and grant only the relief reasonably necessary to protect such interest or interests and to achieve the original intent of the contracting parties to the extent possible.

13-8-55. The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.

13-8-56. In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions:
(1) During the term of the relationship, a time period equal to or measured by duration of the parties' business or commercial relationship is reasonable, provided that the

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reasonableness of a time period after a term of employment shall be as provided for in Code Section 13-8-57; (2) A geographic territory which includes the areas in which the employer does business at any time during the parties' relationship, even if not known at the time of entry into the restrictive covenant, is reasonable provided that:
(A) The total distance encompassed by the provisions of the covenant also is reasonable; (B) The agreement contains a list of particular competitors as prohibited employers for a limited period of time after the term of employment or a business or commercial relationship; or (C) Both subparagraphs (A) and (B) of this paragraph; (3) The scope of competition restricted is measured by the business of the employer or other person or entity in whose favor the restrictive covenant is given; provided, however, that a court shall not refuse to enforce the provisions of a restrictive covenant because the person seeking enforcement establishes evidence that a restrictive covenant has been violated but has not proven that the covenant has been violated as to the entire scope of the prohibited activities of the person seeking enforcement or as to the entire geographic area of the covenant; and (4) Any restriction that operates during the term of an employment relationship, agency relationship, independent contractor relationship, partnership, franchise, distributorship, license, ownership of a stake in a business entity, or other ongoing business relationship shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or geographic area so long as it promotes or protects the purpose or subject matter of the agreement or relationship or deters any potential conflict of interest.

13-8-57. (a) In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. (b) In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of all or a material part of:
(1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest; (4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint two years or less in duration and shall presume to be unreasonable in time any restraint more than two years in duration, measured from the date of the termination of the business relationship.

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(c) In the case of a restrictive covenant sought to be enforced against a current or former distributor, dealer, franchisee, lessee of real or personal property, or licensee of a trademark, trade dress, or service mark and not associated with the sale of all or a part of:
(1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest; (4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint three years or less in duration and shall presume to be unreasonable in time any restraint more than three years in duration, measured from the date of termination of the business relationship. (d) In the case of a restrictive covenant sought to be enforced against the owner or seller of all or a material part of: (1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest; (4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint the longer of five years or less in duration or equal to the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection and shall presume to be unreasonable in time any restraint more than the longer of five years in duration or the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection, measured from the date of termination or disposition of such interest.

13-8-58. (a) A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. (b) In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement no longer continues in business in the scope of the prohibited activities that is the subject of the action to enforce the restrictive covenant if such discontinuance of business is the result of a violation of the restriction. (c) A court shall enforce a restrictive covenant by any appropriate and effective remedy available at law or equity, including, but not limited to, temporary and permanent injunctions. (d) In determining the reasonableness of a restrictive covenant between an employer and an employee, as such term is defined in subparagraphs (A) through (C) of paragraph (5) of

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Code Section 13-8-51, a court may consider the economic hardship imposed upon an employee by enforcement of the covenant; provided, however, that this subsection shall not apply to contracts or agreements between or among those persons or entities listed in paragraphs (2) through (7) of subsection (a) of Code Section 13-8-52.

13-8-59. Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to contracts entered into on and after such date and shall not apply in actions determining the enforceability of restrictive covenants entered into before such date.

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

Approved May 11, 2011.

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AVIATION LAW ENFORCEMENT OFFICERS TRANSFERS FROM GEORGIA AVIATION AUTHORITY TO DEPARTMENT OF PUBLIC SAFETY.

No. 100 (House Bill No. 414).

AN ACT

To amend Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, so as to revise the duties of the Georgia Aviation Authority; to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Public Safety; to remove a sunset provision; to provide for related matters; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Public Safety;

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to provide the department with certain authority and duties with regard to aviation; 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 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, is amended by revising subsection (a) of Code Section 6-5-3, relating to the creation of the Georgia Aviation Authority, its membership and personnel, and administrative purposes, as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Aviation Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor or his or her designee, the Lieutenant Governor or his or her designee, the Speaker of the House of Representatives or his or her designee, the commissioner of transportation, the commissioner of public safety, the commissioner of economic development, the commissioner of natural resources, the director of the State Forestry Commission, and two persons from the aviation business community with one such member of the aviation business community to be appointed by the Speaker of the House of Representatives, and the other such member of the aviation business community to be appointed by the President of the Senate. The chairperson of the authority shall be a member of the authority elected for a two-year term by a majority vote of the members of the authority. A chairperson may not serve more than two consecutive terms as chairperson. The authority shall make rules and regulations for its own governance. It shall have perpetual existence."

SECTION 2. Said chapter is further amended by revising Code Section 6-5-4, relating to the purpose of the authority, powers, support, and annual audits, as follows:
"6-5-4. (a) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, except those aviation assets of the Department of Public Safety, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft. All aircraft previously transferred to the authority by the Department of Public Safety and associated parts and equipment and a percentage of the budgeted operating funds associated with such aircraft shall be transferred on September 1, 2011, back to the custody and

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control of the Department of Public Safety; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense. On and after July 1, 2009, or a later date determined by the Governor, no other entity of state government, other than the Department of Public Safety, shall acquire, lease, or charter any aircraft other than through the authority. Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may remain in the employment of the employing agency but shall be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3; provided, however, that those persons who are employed by the Department of Public Safety who are assigned for administrative purposes only to the authority shall be transferred back to the Department of Public Safety on September 1, 2011, and shall no longer be under the administration or direction of the authority. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority; provided, however, that all airfields and appurtenances, including hangars, previously transferred by the Department of Public Safety to the authority shall be transferred back to the Department of Public Safety on September 1, 2011. The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority. The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) In the furtherance of its purpose, the authority shall have the power to:
(1) Organize, staff, train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities; (5) Identify the costs associated with the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities, training, and education, develop an appropriate billing structure, and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency; (6) Retain appropriate external consulting and auditing expertise;

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(7) Engage aviation industry representatives to ensure best practices for state aviation assets; (8) Delegate certain powers pursuant to this chapter to other state entities; and (9) Otherwise implement appropriate and efficient management practices for state aviation operations. (c) The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations when requested. No state entity other than the authority and the Department of Public Safety shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft without the approval of the authority. (d) The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The initial audit shall be concluded no later than December 30, 2010. 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 accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013. (e) On September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions."

SECTION 3. Said chapter is further amended by revising Code Section 6-5-10, relating to termination of authority, as follows:
"6-5-10. Reserved."

SECTION 4. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by adding a new article to read as follows:

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"ARTICLE 7

35-2-140. (a)(1) On and after September 1, 2011, the Department of Public Safety shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for public safety and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) On September 1, 2011, the Georgia Aviation Authority shall transfer back to the custody and control of the Department of Public Safety all of the aircraft previously transferred to the authority by the Department of Public Safety and any associated parts and equipment; provided, however, that this article shall have no application to aircraft owned or operated by the Department of Defense. (3) On September 1, 2011, any person who is employed by the Department of Public Safety and is assigned for administrative purposes only to the Georgia Aviation Authority shall be transferred back to the Department of Public Safety and shall no longer be under the administration or direction of the Georgia Aviation Authority. In addition, on September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the Georgia Aviation Authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the Department of Public Safety and all funds, accounts receivable, a percentage of the budgeted operating funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the Department of Public Safety as of September 1, 2011, shall become the property, funds, accounts receivable, budgeted operating funds, contracts, liabilities, and obligations of the Department of Public Safety on such date. (5) The Department of Public Safety shall be responsible for providing aviation services in support of public safety. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets.
(b) The Department of Public Safety shall have the power to: (1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities;

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(5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities; (6) In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a 'civil aircraft' under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency; (7) Retain appropriate external consulting and auditing expertise; (8) Engage aviation industry representatives to ensure best practices for state aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for state aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars."

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 11, 2011.

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PROFESSIONS POST CERTIFICATION EXEMPTION; PRIVATE DETECTIVE OR SECURITY BUSINESS; REAL ESTATE TRANSACTIONS; DISCLOSURERS.

No. 101 (House Bill No. 53).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions regarding certain activities requiring a license; to clarify that persons certified by the Georgia Peace Officer Standard and Training Council are excluded from certain training provisions and regulations of Chapter 38 of Title 43 and may be excluded from licensure under certain circumstances; to change provisions relating to the prohibition against certain licensees engaged in real estate activities engaging in unfair trade practices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-38-14, relating to exceptions and local regulation regarding operators of private detective businesses and private security businesses, as follows:
"43-38-14. (a) This chapter shall not apply to:
(1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act; (3) An attorney at law or a bona fide legal assistant in performing his or her duties; (4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; or (6) The employees of a firm identified in paragraph (5) of this subsection.

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(b) Any person with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' who is employed by or works as an independent contractor for a licensed:
(1) Private security business shall be exempt from any training provisions required by this chapter for such business and shall be deemed to have satisfied all board rules and regulations relative to training; and (2) Private detective business or private security business shall be exempt from further licensure under this chapter and shall be permitted to carry a firearm without obtaining any weapons permit from the board; provided, however, that such licensed private detective business or private security business shall be required to register such employee or independent contractor with the board. (c) This chapter shall not prevent the local authorities of any municipality or county, by ordinance and within the exercise of the police power of such municipality or county, from imposing local regulations upon any street patrol, special officer, or person furnishing street patrol service, including regulations requiring registration with an agency to be designated by such municipality or county. (d) This chapter shall not apply to a person or corporation which employs persons who do private security work in connection with the affairs of such employer only and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this chapter, although such persons or corporations or their employees may elect to be licensed under this chapter."

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 43-40-25, relating to violations by licensed community association managers, salespersons, associate brokers, brokers, schools, and instructors and sanctions and unfair trade practices, as follows:
"(b) Licensees shall not engage in any of the following unfair trade practices: (1) Because of race, color, religion, sex, disability, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or

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(E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own; (5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Failing to disclose in writing to a principal in a real estate transaction any of the following: (A) The receipt of a fee, rebate, or other thing of value on expenditures made on behalf of the principal for which the principal is reimbursing the licensee; (B) The payment to another broker of a commission, fee, or other thing of value for the referral of the principal for brokerage or relocation services; or (C) The receipt of anything of value for the referral of any service or product in a real estate transaction to a principal; (7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, or a brokerage agreement to break such contract or brokerage agreement for the purpose of substituting in lieu thereof any other contract or brokerage agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner, a lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor has a written

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outstanding listing contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or that such purchaser or tenant has a written outstanding exclusive brokerage agreement with another broker, unless the outstanding listing or brokerage agreement provides that the licensee holding such agreement will not provide negotiation services to the client; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; or (C) By the brokerage firm holding a licensee's license to an unlicensed firm in which an individual licensee affiliated with the brokerage firm owns more than a 20 percent interest provided:
(i) Such individual licensee earned the commission on behalf of the brokerage firm; (ii) Such unlicensed firm does not perform real estate brokerage activity; (iii) The affiliated licensee and the brokerage firm have a written agreement authorizing the payment to the unlicensed firm; and (iv) The brokerage firm obtains and retains written evidence that the affiliated licensee owns more than a 20 percent interest in the unlicensed firm to which the compensation will be paid; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of

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the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining a brokerage agreement, a sales contract, or a lease from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has an exclusive brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker having the first exclusive brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (30) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties;

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(31) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; (32) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so; (33) Failure to deliver to a community association terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide:
(A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the community association or received on the association's behalf; and (C) Any funds held on behalf of the community association; (34) Failure to deliver to a property owner terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide: (A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the property owner or received on the owner's behalf; and (C) Any funds held on behalf of the property owner; (35) Inducing any person to alter, modify, or change another licensee's fee or commission for real estate brokerage services without that licensee's prior written consent; or (36) Failing to obtain a person's written agreement to refer that person to another licensed broker for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral and an estimate of such consideration."

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 11, 2011.

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EDUCATION COLLEGE AND CAREER ACADEMIES.

No. 102 (Senate Bill No. 161).

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 provide for college and career academies; to provide for legislative intent; to provide for definitions; to establish an Office of College and Career Transitions; to provide for partnerships with postsecondary institutions to establish college and career academies as charter schools; to provide for funding; to provide for certification; to provide for data collection; to provide for eligibility criteria, requirements, and procedures; to provide for annual reporting; to provide for advisement; to amend Part 16 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Building Resourceful Individuals to Develop Georgia's Economy Act," so as to revise definitions; 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 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows:
"20-4-37. (a)(1) It is the intent of the General Assembly to: (A) Increase high school graduation rates, potential job opportunities, and educational opportunities that will prepare students for success in college and the workplace; (B) Establish intergovernmental cooperation between postsecondary institutions and local boards of education and collaboration with business, industry, and community stakeholders to aid relevant education programs and in the development and support of new and existing college and career academies in Georgia; (C) Assist in the development of academic and career ready curriculum; (D) Establish and manage support grant opportunities and awards for new and existing college and career academies; (E) Establish a process that allows for college and career academy certification; and (F) Collect and analyze data to evaluate the effectiveness of dual credit and dual enrollment programs, secondary and postsecondary partnerships, and college and career academics. (2) The General Assembly finds that to accomplish these goals, an office should be established to coordinate the efforts of the various education agencies.

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(b) As used in this Code section, the term: (1) 'Board' means the State Board of Technical and Adult Education. (2) 'Certification' means a formal process established by the Office of College and Career Transitions, and approved by the board, in which college and career academies successfully demonstrate appropriate levels of student achievement, community sustainability, workforce development, and school level governance. (3) 'Charter petitioner' means a local board of education, group of local boards of education, private individual, private organization, state or local public entity, or any group of these, that submits a petition for a charter in cooperation with one or more postsecondary institutions which have petitioned to establish a college and career academy as a charter school pursuant to Article 31 or Article 31A of Chapter 2 of this title. (4) 'Charter school' shall have the same meaning as in paragraph (3) of Code Section 20-2-2062 and as in paragraph (2) of Code Section 20-2-2081. (5) 'College and career academy' means a specialized charter school established by a partnership which demonstrates a collaboration between business, industry, and community stakeholders to advance workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title. (6) 'Office' means the Office of College and Career Transitions established pursuant to subsection (c) of this Code section. (7) 'Postsecondary institution' means a local technical college, community college, university, or other postsecondary institution operating under the authority of the Technical College System of Georgia or the University System of Georgia or other not for profit postsecondary institution accredited by the Southern Association of Colleges and Schools. (8) 'Start-up costs' means initial operating or capital costs, including, but not limited to, costs of improving real property. (9) 'Supplemental funding' means funding for purposes other than start-up costs which are related to the establishment and operation of college and career academies.
(c) The Office of College and Career Transitions shall be established within the Technical College System of Georgia to coordinate the efforts by the State Board of Education, the University System of Georgia, the Technical College System of Georgia, and other not for profit postsecondary institutions accredited by the Southern Association of Colleges and Schools in the professional development, curriculum support, and development and establishment of college and career academies. (d) The board shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for a particular purpose

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for college and career academies for start-up costs or for other purposes related to the establishment and operation of such academies by a grant consideration process. (e) A charter petitioner for a college and career academy that has submitted for approval or that has drafted for submission for approval a charter petition for a college and career academy shall be authorized to submit to the board an application for start-up funds for a college and career academy. The board shall approve applications for start-up funds for college and career academies that meet the criteria and requirements established pursuant to subsections (i) and (j) of this Code section. As part of such application process, the office shall consider charter applications for college and career academies in cooperation with the Office of Charter School Compliance and make recommendations to the State Board of Education for the approval, denial, and renewal of college and career academy charter petitions and specify the reasons for such recommendations. The State Board of Education should consider such a recommendation from the office prior to approving or denying a charter petition for a college and career academy. Funds shall not be released to an approved applicant unless the charter petition is approved by the State Board of Education pursuant to Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title. (f) The board shall be authorized to disburse supplemental funding to existing or new college and career academies which demonstrate a need for such funding.
(g)(1) The office shall establish a certification process, in collaboration with the Department of Education, for approval by the board. The office shall be authorized to certify college and career academies. The State Board of Education shall accept certification by the office as one component of determining compliance with charter requirements. The State Board of Education may request supplemental information from charter petitioners. (2) Any certification process established pursuant to paragraph (1) of this subsection must require that the applicant demonstrates how the proposed college and career academy will increase student achievement, provide for dual credit and dual enrollment opportunities, increase work based learning opportunities, and address workforce development needs; articulates how the collaboration between business, industry, and community stakeholders will advance workforce development; demonstrates local governance and autonomy; and shows other benefits that meet the needs of the students and community. (3) Certification by the office shall constitute a positive recommendation to the State Board of Education for renewal of a charter pursuant to Code Section 20-2-2064.1. (h) The office shall be responsible for collecting and analyzing appropriate data from and about college and career academies on matters consisting of but not limited to college and career academy effectiveness. Collecting and reporting of data shall be in coordination with the Office of Charter School Compliance. (i) The board shall establish eligibility criteria, requirements, and procedures for the disbursement of funding to college and career academies pursuant to this Code section.

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Such criteria, requirements, and procedures shall consider the strength of the proposed cooperative arrangements between the local board of education, the group of local boards of education, a private individual, a private organization, or a state or local public entity and one or more postsecondary institutions and must include active support from and a partnership with local business and community leaders for the college and career academy. The board may establish a matching requirement for recipients of funds under this Code section. (j) A college and career academy receiving funds pursuant to this Code section shall submit an annual report to the board regarding the performance of such academy and the expenditure of funds received pursuant to this Code section. The report shall include, but not be limited to, academic data, financial statements, an evaluation of the progress relative to relationships between and among the business, industry, and community stakeholders, and any other information requested by the board to demonstrate the yearly progress or effectiveness of the college and career academy. (k) Representatives from business, industry, civic, and governmental agencies and educational organizations which are designated by the commissioner of the Technical College System of Georgia shall advise the board on matters pertaining to both the certification and governance of college and career academies."

SECTION 2. Part 16 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Building Resourceful Individuals to Develop Georgia's Economy Act," is amended in Code Section 20-2-326, relating to definitions, by revising paragraphs (2) and (9) as follows:
"(2) 'College and career academy' means a specialized charter school established by a partnership which demonstrates a collaboration between business, industry, and community stakeholders to advance workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter." "(9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted, and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a college and career academy organized around

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a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions."

SECTION 3. Said part is further amended in Code Section 20-2-328 of the Official Code of Georgia Annotated, relating to a competitive grant program, by revising paragraph (3) of subsection (c) as follows:
"(3) Developing small learning communities or college and career academies with a rigorous academic foundation and emphasis in broad career fields of study;"

SECTION 4. Said part is further amended in Code Section 20-2-329 of the Official Code of Georgia Annotated, relating to requirements for high schools that receive a reform grant, by revising paragraph (1) as follows:
"(1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a college and career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, including, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards;"

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 11, 2011.

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MOTOR VEHICLES BICYCLES; OPERATION; PATHS; EQUIPMENT.

No. 104 (House Bill No. 101).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for safer bicycle riding for bicyclists and the motoring public; to provide for definitions; to provide for the operation of motor vehicles and bicycles on roadways with bicycle lanes a safe distance between such motor vehicles and bicycles when such vehicles are passing a bicycle; to change provisions relating to traffic laws being applicable to bicycles; to remove obsolete provisions relating to the transporting of children under the age of one year on a bicycle; to change provisions relating to riding on roadways and bicycle paths; to change provisions relating to equipment on bicycles; to legalize the use of recumbent bicycles; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-1, relating to definitions, by revising paragraphs (6.1) and (6.2) and adding a new paragraph to read as follows:
"(6.1) 'Bicycle lane' means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials. (6.2) 'Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle riders. (6.3) 'Bicycle trailer' means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers."

SECTION 2. Said title is further amended in Article 3 of Chapter 6, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, by adding new Code sections to read as follows:

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"40-6-55. Notwithstanding other provisions of this chapter relating to operating a vehicle on a roadway, where a bicycle lane is provided on the roadway, the operator of a motor vehicle shall yield to a person operating a bicycle in a bicycle lane.

40-6-56. (a) As used in this Code section, the term 'safe distance' means not less than three feet. (b) Notwithstanding any provision of this article to the contrary, when feasible, the operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in the same direction on the roadway, shall leave a safe distance between such vehicle and the bicycle and shall maintain such clearance until safely past the overtaken bicycle."

SECTION 3. Said title is further amended by revising Part 1 of Article 13 of Chapter 6, relating to bicycles and play vehicles, as follows:
"40-6-290. The provisions of this part applicable to bicycles shall apply whenever a bicycle is operated upon a highway, upon a bicycle lane, or upon any bicycle path set aside for the exclusive use of bicycles, subject to those exceptions stated in this part.

40-6-291. (a) The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except as provided in this Code section and except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons riding bicycles. (b) Notwithstanding the provisions of Code Section 40-6-50, any person operating a bicycle may ride upon a paved shoulder; provided, however, that such person shall not be required to ride upon a paved shoulder. (c) Any person operating a bicycle may signal a right turn with his or her right arm and hand extended horizontally or with his or her left hand and arm extended upward.

40-6-292. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto and shall allow no person to ride upon the handlebars. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, roadway, bicycle path, bicycle lane, or sidewalk; provided, however, that a child under the age of one year may be transported on a bicycle trailer or in an infant sling so long as such child is seated in the bicycle trailer or carried in an infant sling according

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to the bicycle trailer's or infant sling's manufacturer's instructions, and the bicycle trailer is properly affixed to the bicycle according to the bicycle trailer's manufacturer's instructions or the infant sling is properly worn by the rider of the bicycle according to the infant sling's manufacturer's instructions. (d) No child between the ages of one year and four years shall ride as a passenger on a bicycle or bicycle trailer or be transported in an infant sling unless the child is securely seated in a child passenger bicycle seat, bicycle trailer, or infant sling according to the child passenger bicycle seat's, bicycle trailer's, or infant sling's manufacturer's instructions and the child passenger seat or bicycle trailer is properly affixed to the bicycle according to the child passenger bicycle seat's or bicycle trailer's manufacturer's instructions or the infant sling is worn according to the infant sling's manufacturer's instructions. (e) Violation of subsections (c) and (d) of this Code section shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability. (f) No person under the age of 16 years failing to comply with subsections (c) and (d) of this Code section shall be fined or imprisoned.

40-6-293. No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

40-6-294. (a) As used in this Code section, the term 'hazards to safe cycling' includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle. (b) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:
(1) Turning left; (2) Avoiding hazards to safe cycling; (3) The lane is too narrow to share safely with a motor vehicle; (4) Traveling at the same speed as traffic; (5) Exercising due care when passing a standing vehicle or one proceeding in the same direction; or (6) There is a right turn only lane and the person operating the bicycle is not turning right; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road. (c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles,

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or when a special event permit issued by a local governing authority permits riding more than two abreast. (d) Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes. (e) Bicycle paths subject to the provisions of subsection (d) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway. (f) Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway. (g) Electric assisted bicycles may be operated on bicycle paths.

40-6-295. No person operating a bicycle shall carry any package, bundle, or other article which prevents him or her from keeping at least one hand upon the handlebars.

40-6-296. (a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle. (b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement. (c) No bicycle shall be equipped or operated while equipped with a set of handlebars so raised that the operator must elevate his or her hands above the operator's shoulders in order to grasp the normal steering grip area. (d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle
on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet. (2) For the purposes of this subsection, the term 'bicycle helmet' means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation. (3) For the purposes of this subsection, a person shall be deemed to wear a bicycle helmet only if a bicycle helmet of good fit is fastened securely upon such person's head with the straps of such bicycle helmet.

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(4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease. (5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability. (6) No person under the age of 16 failing to comply with any provision of this subsection shall be fined or imprisoned.

40-6-297. (a) It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in this part. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of this part.

40-6-298. The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for any additional safety equipment or standards it shall require for bicycles."

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

Approved May 11, 2011.

__________

CORPORATIONS REINSTATEMENT FEES AND PENALTIES; INSTRUMENTS; TRANSFERS.

No. 105 (Senate Bill No. 64).

AN ACT

To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the amount of fees and penalties for application for reinstatement for corporations, nonprofit corporations, and limited liability companies; to change provisions relating to the execution of instruments by corporations conveying interest in real property or releasing security agreements; to include transfers of

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security instruments, deeds to secure debt, and mortgages within the ambit of Code Section 14-5-7; 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 paragraph (12) of Code Section 14-2-122, relating to fees for filings related to business corporations, as follows:
"(12) Application for reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00"

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 14-2-1422, relating to reinstatement following administrative dissolution of business corporations, as follows:
"(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 the fee required for the application for reinstatement contained in Code Section 14-2-122."

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SECTION 3. Said title is further amended by revising paragraph (11) of Code Section 14-3-122, relating to filing fees for nonprofit corporations, as follows:
"(11) Application for reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00"

SECTION 4. Said title is further amended by revising subsection (a) of Code Section 14-3-1422, relating to reinstatement following administrative dissolution of nonprofit corporations, 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:
(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 the fee required for the application for reinstatement contained in Code Section 14-3-122."
SECTION 5. Said title is further amended by revising Code Section 14-5-7, relating to execution of instruments conveying interest in real property or releasing security agreements, as follows:
"14-5-7. (a) Instruments executed by a corporation conveying an interest in real property, when signed by the president or vice-president and attested or countersigned by the secretary or an assistant secretary or the cashier or assistant cashier of the corporation shall, notwithstanding the lack of a corporate seal, be conclusive evidence that the president or vice-president of the corporation executing the instrument does in fact occupy the official position indicated, that the signature of such officer subscribed thereto is genuine, and that the execution of the instrument on behalf of the corporation has been duly authorized. Any

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corporation may by proper resolution recorded with the instrument or otherwise filed of record and referenced on the face of the instrument authorize the execution of such instruments by other officers of the corporation. (b) Instruments executed by a corporation releasing or transferring a deed to secure debt, mortgage, or other security agreement, when signed by the president, vice-president, secretary, or assistant secretary of the corporation shall, notwithstanding the lack of a corporate seal, be conclusive evidence that the officer of the corporation executing the instrument does in fact occupy the official position indicated, that the signature of such officer subscribed thereto is genuine, and that the execution of the instrument on behalf of the corporation has been duly authorized. Any corporation may by proper resolution recorded with the instrument or otherwise filed of record and referenced on the face of the instrument authorize the execution of such instruments by other officers of the corporation."

SECTION 6. Said title is further amended by revising subsection (a) of Code Section 14-10-4, relating to recording fees for formation of professional associations, as follows:
"(2) Recording; fees. The clerk shall record the articles of association and any amendments thereto or instruments of dissolution thereof in the same manner as required for articles of incorporation and shall receive a fee as required by paragraph (1) of subsection (g) of Code Section 15-6-77. Articles shall not be required to be published or recorded elsewhere. Such record of the articles, when so recorded, shall be notice of the articles to the world as well as to all parties dealing with such association."

SECTION 7. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution and reservation of name of limited 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

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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 the fee required for the application for reinstatement contained in Code Section 14-11-1101. 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 of the administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred."

SECTION 8. Said title is further amended by revising paragraph (16) of subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties of limited liability companies, as follows:
"(16) Reinstatement fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00"

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved May 11, 2011.
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INSURANCE CERTIFICATE OF INSURANCE; FORM APPROVAL.
No. 106 (House Bill No. 66).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide for certificate of insurance forms to be approved by the Commissioner; to provide for definitions; to provide certain provisions of such certificate; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, is amended by adding a new Code section to read as follows:
"33-24-19.1. (a) As used in this Code section, the term:
(1) 'Certificate' or 'certificate of insurance' means any document or instrument, no matter how titled or described, which is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage. 'Certificate' or 'certificate of insurance' shall not include a policy of insurance or insurance binder, including any policy of insurance which may be referred to as a certificate, or any insurance information card or identification card issued in conjunction with a motor vehicle insurance policy. (2) 'Certificate holder' means any person, other than a policyholder, that requests, obtains, or possesses a certificate of insurance. (3) 'Insurance producer' means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. (4) 'Insurer' means any person engaged as indemnitor, surety, or contractor who issues insurance as defined by Code Sections 33-7-3 and 33-7-6. Nothing in this Code section shall apply to or affect any offering of accident, sickness, or disability insurance by a fraternal benefit society, as provided under Code Section 33-15-60; nonprofit medical service corporations, as provided under Chapters 18 and 19 of this title; health care plans, as provided under Chapter 20 of this title; health maintenance organizations, as provided under Chapter 21 of this title; any provisions of accident and sickness insurance policies generally, as provided under Code Sections 33-24-20 through 33-24-31; individual accident and sickness insurance, as provided under Chapter 29 of this title; or group or blanket accident and sickness insurance, as provided under Chapter 30 of this title. (5) 'Person' means any individual, partnership, corporation, association, or other legal entity, including any government or governmental subdivision or agency. (6) 'Policyholder' means a person who has contracted with a property or casualty insurer for insurance coverage. (b) No person, wherever located, may prepare, issue, or request the issuance of a certificate of insurance unless the form has been filed with and approved by the Commissioner of Insurance. No person, wherever located, may alter or modify an approved certificate of insurance form. (c) The Commissioner of Insurance shall disapprove a form filed under this Code section, or withdraw approval of a form, if the form: (1) Is unjust, unfair, misleading, or deceptive, or violates public policy; (2) Fails to comply with the requirements of subsection (d) of this Code section; or (3) Violates any law, including any regulation adopted by the Commissioner of Insurance.

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(d) Each certificate of insurance must contain the following or similar statement: 'This certificate of insurance is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage, terms, exclusions, and conditions afforded by the policies referenced herein.' However, the Commissioner of Insurance may approve a form filed under this Code section that does not state that the form is provided for information purposes only, if such form contains the following or similar statement: 'This certificate of insurance does not amend, extend, or alter the coverage, terms, exclusions, and conditions afforded by the policies referenced herein.' (e) Standard certificate of insurance forms promulgated by the Association for Cooperative Operations Research and Development or the Insurance Services Office are deemed approved by the Commissioner of Insurance and are not required to be filed if the forms otherwise comply with the requirements of this Code section. (f) No person, wherever located, shall demand or request the issuance of a certificate of insurance from an insurer, insurance producer, or policyholder that contains any false or misleading information concerning the policy of insurance to which the certificate makes reference. (g) No person, wherever located, may knowingly prepare or issue a certificate of insurance that contains any false or misleading information or that purports to affirmatively or negatively alter, amend, or extend the coverage provided by the policy of insurance to which the certificate makes reference. (h) No person may prepare, issue, or request, either in addition to or in lieu of a certificate of insurance, an opinion letter or other document or correspondence that is inconsistent with this Code section. (i) The provisions of this Code section shall apply to all certificate holders, policyholders, insurers, insurance producers, and certificate of insurance forms issued as evidence of insurance coverages on property, operations, or risks located in this state, regardless of where the certificate holder, policyholder, insurer, or insurance producer is located. (j) A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance makes reference. A certificate of insurance shall not confer to a certificate holder new or additional rights beyond what the referenced policy of insurance expressly provides. (k) No certificate of insurance shall contain references to contracts, including construction or service contracts, other than the referenced contract of insurance. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which a certificate of insurance may be issued or may pertain, the insurance afforded by the referenced policy of insurance is subject to all the terms, exclusions, and conditions of the policy itself. (l) A certificate holder shall have a legal right to notice of cancellation, nonrenewal, or any material change, or any similar notice concerning a policy of insurance only if the person

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is named within the policy or any endorsement and the policy or endorsement requires notice to be provided. The terms and conditions of the notice, including the required timing of the notice, are governed by the policy of insurance and cannot be altered by a certificate of insurance. (m) Any certificate of insurance or any other document or correspondence prepared, issued, or requested in violation of this Code section shall be null and void and of no force and effect. (n) Any person who violates this Code section may be fined up to $5,000.00 per violation. (o) The Commissioner of Insurance shall have the power to examine and investigate the activities of any person that the Commissioner reasonably believes has been or is engaged in an act or practice prohibited by this Code section. The Commissioner of Insurance shall have the power to enforce the provisions of this Code section and to impose any authorized penalty or remedy against any person who violates this Code section. (p) The Commissioner of Insurance may adopt reasonable rules and regulations as are necessary or proper to carry out the provisions of this Code section."

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

Approved May 11, 2011.

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PROFESSIONS LICENSED PRACTICAL NURSE; FINGERPRINT.

No. 107 (House Bill No. 99).

AN ACT

To amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to require fingerprint record checks for applicants for licensure as a licensed practical 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 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, is amended by adding a new Code section to read as follows:

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"43-26-36.1. Any applicant for licensure under this article shall 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 article 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 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."

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

Approved May 11, 2011.

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PROFESSIONS PHYSICIANS; MEDICAL MALPRACTICE INSURANCE; REQUIREMENTS.

No. 108 (House Bill No. 147).

AN ACT

To amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," so as to include information as to whether a physician has medical malpractice insurance as part of the physician profile; to provide that a patient has the right to inquire as to whether the physician carries medical malpractice insurance; to require the Georgia Composite Medical Board to compile an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," is amended by revising Code Section 43-34A-3, relating to physician profiles, dissemination to public, content and maintenance requirements, corrections,

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judgments prior to April 11, 2001, sealed judgments, arbitration awards, and settlements prohibited, by adding a new paragraph to subsection (c), to read as follows:
"(10.1) Whether carrying any medical malpractice insurance; "

SECTION 2. Said chapter is further amended by revising Code Section 43-34A-5, relating to the estimation of fees and collection of payment prior to rendering of services, as follows:
"43-34A-5. A patient has the right to inquire as to whether the physician carries medical malpractice insurance and as to the estimated charges for a routine office visit, routine treatments, and lab tests prior to receiving such treatment. When asked for such information, the physician or other authorized personnel shall give such information freely and without reservation or evasion. Violation of this right should be reported immediately to the board. Physicians are not responsible for ascertaining the details of the patient's insurance coverage and explaining such information to the patient. A physician may require the payment of his or her fee or any applicable copayment in advance of delivering professional services unless otherwise prohibited by law."

SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"43-34A-9. (a) On January 1 of each year, the board shall compile a report for the Governor and General Assembly containing a statistical and comparative data analysis using information obtained from the physician profiles in addition to other information collected by the board. The board shall not be required to distribute copies of the report to the Governor or members of the General Assembly but shall provide notification of the availability of the report in the manner which it deems to be the most effective and efficient. (b) The report shall include, but shall not be limited to, the following information:
(1) The number of physicians for which it has created physician profiles; (2) The specialty board certification of such physicians; (3) The geographic regions of the primary practices; (4) The number of physicians participating in the Medicaid program; and (5) The number of physicians carrying any medical malpractice insurance and the specialty and current hospital privileges of the physicians not carrying such insurance and whether such physicians are actively seeing patients."

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

Approved May 11, 2011.

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PENAL INSTITUTIONS INMATES; EMERGENCY CARE CHARGES.

No. 109 (House Bill No. 197).

AN ACT

To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for jails, so as to provide limitations on medical charges for providing emergency medical care services to certain persons in custody; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for jails, is amended by adding a new Code section to read as follows:
"42-4-15. (a) As used in this Code section, the term:
(1) 'Detainee' means a person held in a detention facility who is charged with or convicted of a criminal offense or charged with or adjudicated for a delinquent act and a person detained, arrested, or otherwise held in lawful custody for a criminal offense or delinquent act. (2) 'Detention facility' means any municipal or county jail or other facility used for the detention of persons charged with or convicted of a criminal offense or charged with or adjudicated for a delinquent act. (3) 'Emergency health care' means bona fide emergency services provided after the onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in placing the person's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term covers any form of emergency medical treatment, including dental, optical, psychological, or other types of emergency conditions. (4) 'Follow-up health care' means medical and hospital care and medication administered in conjunction with and arising from emergency health care treatment. (b) A hospital or other health care facility licensed or established pursuant to Chapter 7 of Title 31 which is not a party to an emergency health care services contract with a sheriff or a governing authority or its agent on July 1, 2011, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency health care and follow-up health care services provided to a detainee.

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(c) No hospital or other health care facility shall discharge a detainee with an emergency health care condition so as to require an immediate transfer to another medical provider for the same condition unless the reasonable standard of care requires such a transfer. (d) Nothing in this Code section shall be construed to limit reimbursements for emergency health care services when insurance coverage is available for payment for such services. Nor shall this Code section be construed so as to limit or remove responsibility for payment of emergency health care services by a provider of insurance that is otherwise responsible for payment of part or all of such services. (e) Nothing in this Code section shall prohibit the governing authority from negotiating higher fees or rates with hospitals."

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 11, 2011.

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PROFESSIONS NURSES; PHYSICIAN ASSISTANTS; ADVANCED PRACTICE REGISTERED NURSES; SUPERVISING PHYSICIANS.

No. 110 (House Bill No. 303).

AN ACT

To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to revise provisions relating to delegation of authority to a nurse or physician assistant by a physician; to authorize advanced practice registered nurses to sign off on certain documents relating to health care; to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician assistants, so as to revise provisions relating to delegation of authority to a physician assistant by a physician; to authorize physician assistants to sign off on certain documents relating to health care; to revise a provision relating to a requirement that a supervising physician periodically see a patient; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended in Code Section 43-34-23, relating to delegation of authority to a nurse or physician assistant, by revising paragraph (1) subsection (b) as follows:
"(b)(1)(A) A physician may delegate the authority contained in subparagraph (B) of this paragraph to:
(i) A physician assistant in accordance with a job description; or (ii) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol. (B) A physician may delegate to those health care professionals identified in subparagraph (A) of this paragraph: (i) The authority to order controlled substances selected from a formulary of such drugs established by the board and the authority to order dangerous drugs, medical treatments, and diagnostic studies; (ii) The authority to request, receive, and sign for professional samples and to distribute professional samples to patients. The office or facility at which the health care professional identified in subparagraph (A) of this paragraph is working shall maintain a general list of the professional samples approved by the delegating physician for request, receipt, and distribution by the health care professional identified in subparagraph (A) of this paragraph as well as a complete list of the specific number and dosage of each professional sample and medication voucher received. Professional samples that are distributed by a health care professional identified in subparagraph (A) of this paragraph shall be so noted in the patient's medical record. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations; and (iii) The authority to sign, certify, and endorse all documents relating to health care provided to a patient within his or her scope of authorized practice, including, but not limited to, documents relating to physical examination forms of all state agencies and verification and evaluation forms of the Department of Human Services, the State Board of Education, local boards of education, the Department of Community Health, and the Department of Corrections; provided, however, that a health care professional identified in subparagraph (A) of this paragraph shall not have the authority to sign death certificates or assign a percentage of a disability rating."

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SECTION 2. Said article is further amended in Code Section 43-34-25, relating to delegation of certain acts to an advanced practice registered nurse, by revising subsection (e) and by adding a new subsection to read as follows:
"(e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a general list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received. Professional samples that are distributed by an advanced practice registered nurse shall be so noted in the patient's medical record. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (e.1) Except for death certificates and assigning a percentage of a disability rating, an advanced practice registered nurse may be delegated the authority to sign, certify, and endorse all documents relating to health care provided to a patient within his or her scope of authorized practice, including, but not limited to, documents relating to physical examination forms of all state agencies and verification and evaluation forms of the Department of Human Services, the State Board of Education, local boards of education, the Department of Community Health, and the Department of Corrections."

SECTION 3. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician assistants, is amended in Code Section 43-34-103, relating to licensure and regulation of physician assistants, by revising subsections (e.1) and (e.2) and by adding a new subsection to read as follows:
"(e.1)(1) In addition to and without limiting the authority granted by Code Section 43-34-23, a physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any device as defined in Code Section 26-4-5 or to issue any dangerous drug as defined in Code Section 16-13-71 or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician assistant performing such delegated acts and shall adequately supervise the physician assistant. If an existing job description for a physician assistant does not contain such authority to order a prescription drug or device order as provided by this subsection, that physician assistant may not issue any such prescription drug or device order until a new job description

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delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician assistant duly licensed under this article who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising or alternate supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80, respectively. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) The physician assistant or office staff shall notify the patient that the patient has the right to see the physician prior to any prescription drug or device order being issued by the physician assistant. (5) Nothing in this Code section shall be construed to authorize a physician assistant to authorize refills of any drug for more than 12 months from the date of the original prescription drug or device order. (6) A supervising physician or alternate supervising physician shall evaluate or examine, at least every three months, any patient receiving controlled substances. (7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the patient's medical record in the following manner:
(A) The physician assistant carrying out a prescription drug or device order shall document such order either in writing or by electronic means; and (B) Except in facilities operated by the Division of Public Health of the Department of Community Health, the supervising physician shall review the prescription drug or device order copy and medical record entry for prescription drug or device orders issued within the past 30 days by the physician assistant. Such review may be achieved with a sampling of no less than 50 percent of such prescription drug or device order copies and medical record entries.

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(8) A physician assistant is not permitted to prescribe drugs or devices except as authorized in the physician assistant's job description and in accordance with this article. (9) The board shall adopt rules establishing procedures to evaluate an application for a job description containing the authority to order a prescription drug or device and any other rules the board deems necessary or appropriate to regulate the practice of physician assistants, to carry out the intent and purpose of this article, or to protect the public welfare. (10) A physician assistant authorized by a primary supervising physician to order controlled substances pursuant to this Code section is authorized to register with the federal Drug Enforcement Administration. (11) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug or device order shall be required to complete a minimum of three hours of continuing education biennially in practice specific pharmaceuticals in which the physician assistant has prescriptive order privileges. (12) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician to be a party to a job description as a condition for participation in or reimbursement from such entity. (e.2) A physician assistant may be delegated the authority to request, receive, and sign for professional samples and may distribute professional samples to patients so long as delegation of such authority is contained in a job description and the professional samples are within the specialty of the supervising physician. The office or facility at which the physician assistant is working must maintain a general list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician assistant as well as a complete list of the specific number and dosage of each professional sample received. Professional samples that are distributed by a physician assistant shall be so noted in the patient's medical record. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term 'professional samples' means complimentary doses of a drug, medication vouchers, or medical devices provided by the manufacturer for use in patient care." "(l) Except for death certificates and assigning a percentage of a disability rating, a physician assistant may be delegated the authority to sign, certify, and endorse all documents relating to health care provided to a patient within his or her scope of authorized practice, including, but not limited to, documents relating to physical examination forms of all state agencies and verification and evaluation forms of the Department of Human Services, the State Board of Education, local boards of education, the Department of Community Health, and the Department of Corrections."

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SECTION 4. Said article is further amended by revising Code Section 43-34-109, relating to the requirement for a patient to see a physician periodically, as follows:
"43-34-109. When a patient receives medical services from a physician assistant, the supervising physician's involvement in the patient's care, including patient evaluation and follow-up care by the supervising physician, shall be appropriate to the nature of the practice and the acuity of the patient's medical issue, as determined by the supervising physician."

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

Approved May 11, 2011.

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INSURANCE LIMITED PURPOSE SUBSIDIARY LIFE INSURANCE COMPANIES.

No. 111 (House Bill No. 341).

AN ACT

To amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to provide for the establishment of limited purpose subsidiary life insurance companies; to provide for definitions; to provide for requirements; to provide for investment of funds; to provide for organization; to provide for reinsurance; to provide for applicability; to provide for promulgation of rules; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by adding a new article to read as follows:

33-14-100. As used in this article, the term:

"ARTICLE 5

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(1) 'Limited purpose subsidiary' means a subsidiary life, accident, and sickness reinsurer that is organized under this article and is wholly owned by an organizing domestic reinsurer. (2) 'Organizing domestic reinsurer' means a domestic life, accident, and sickness reinsurer that organizes a limited purpose subsidiary under this article. (3) 'Reinsurer' means an insurer that:
(A) Is principally engaged in the business of reinsurance; (B) Does not conduct a significant amount of direct insurance as a percentage of the insurer's net premiums; and (C) Is not engaged on an ongoing basis in the business of soliciting direct insurance. (4) 'Risk' means a risk that is associated with an insurance policy or annuity that is assumed by an organizing domestic reinsurer and for which the organizing domestic reinsurer is required to hold statutory reserves for the policy or annuity.

33-14-101. A domestic life, accident, and sickness reinsurer may organize a domestic limited purpose subsidiary pursuant to the provisions of this article.

33-14-102. (a) Before assuming risk under a reinsurance agreement, a limited purpose subsidiary must:
(1) Obtain from the Commissioner approval of the limited purpose subsidiary's plan of operation; and (2) Be granted a certificate of authority to engage in the business of reinsurance in Georgia. (b) A limited purpose subsidiary shall produce or disclose in its plan of operation, amendments, and records, books, documents, reports, and other information that the Commissioner requires the limited purpose subsidiary to produce or disclose under: (1) This article; (2) Rules adopted pursuant to this article; or (3) An order pursuant to an examination performed in accordance with the provisions of Chapter 2 of this title. (c) The Commissioner shall examine domestic limited purpose subsidiaries pursuant to Code Section 33-2-11.

33-14-103. A limited purpose subsidiary that is granted a certificate of authority by the Commissioner under this article:
(1) Is wholly owned by the organizing domestic reinsurer; (2) Is authorized to engage in the business of reinsurance only for the lines of insurance for which the organizing domestic reinsurer is authorized;

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(3) May reinsure only risks of the organizing domestic reinsurer; and (4) May access alternative forms of financing.

33-14-104. An organizing domestic reinsurer may invest funds from the surplus of the organizing domestic reinsurer in a limited purpose subsidiary that is organized by the organizing domestic reinsurer pursuant to this article.

33-14-105. The officers and directors of an organizing domestic reinsurer may serve as officers and directors of a limited purpose subsidiary organized by the organizing domestic reinsurer pursuant to this article.

33-14-106. A limited purpose subsidiary may, upon approval of the Commissioner, reinsure the risks assumed by the limited purpose subsidiary.

33-14-107. (a) Assets of a limited purpose subsidiary that are approved by the Commissioner as admitted assets must comply with requirements established by the Commissioner under rules adopted pursuant to this article. (b) All other assets shall be nonadmitted.

33-14-108. The following provisions of the Code do not apply to a limited purpose subsidiary organized under this article:
(1) Code Section 33-3-6; (2) Code Section 33-3-7; (3) Code Section 33-3-8; (4) Code Section 33-7-14; (5) Article 2 of Chapter 11 of this title; (6) Code Section 33-13-4; (7) Code Section 33-13-5; (8) Code Section 33-14-40; and (9) Chapter 56 of this title.

33-14-109. (a) The Commissioner shall, before approving a limited purpose subsidiary under this article, adopt rules pursuant to Code Section 33-2-9 to implement this article. (b) The rules adopted under subsection (a) of this Code section shall address, but not be limited to, the following concerning limited purpose subsidiaries:

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(1) Requirements for organization of a limited purpose subsidiary; (2) Requirements for a plan of operation; (3) Capital, surplus, and risk-based capital requirements; (4) Requirements for reporting and notifications; (5) Requirements for reserves, including actuarial certification; (6) Requirements for authorized investments; (7) Requirements with respect to reinsurance ceded or assumed by the limited purpose subsidiary; (8) Requirements and restrictions for material transactions; (9) Requirements for dividends and distributions; (10) Requirements for operations; and (11) Conditions of, forms for, and approval of the financing of a limited purpose subsidiary."

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

Approved May 11, 2011.

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INSURANCE PUBLIC OFFICERS SURPLUS LINE INSURANCE; BROKERS; DUTIES; PRIVILEGE TAX; RECIPROCAL STATE PREMIUM TAXES; COMMISSIONER EXEMPTIONS; LICENCES; TREND TESTS.

No. 112 (House Bill No. 413).

AN ACT

To amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of surplus line insurance, so as to revise the surplus line insurance law in Georgia; to provide for definitions; to change provisions of the authorization of procurement of surplus line insurance; to change certain provisions related to the duties of the broker prior to placing insurance; to change certain provisions related to payment of the broker of privilege tax; to provide for legislative intent; to provide that the Governor under advisement of the Commissioner shall weigh and select such cooperative agreement, compact, or reciprocal agreement that best meets all the financial needs of the state for the purpose of collecting and disbursing to reciprocal states premium taxes; to provide for penalties for failure to file certain affidavits or remit certain taxes; to revise licensing provisions for resident and nonresident surplus line producers; to change applicability

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provisions; to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, so as to prohibit public officials from granting themselves licenses by waiving certain requirements; to provide for penalties; to provide for renewal of such licenses; to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to require a trend test for property and casualty companies; to revise the definition of a company action level event; to change the definition of negative trend; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, is amended by adding a new Code section to read as follows:
"33-5-20.1. As used in this article, the term:
(1) 'Exempt commercial purchaser' means any person purchasing commercial insurance that, at the time of placement, meets the following requirements:
(A) The person employs or retains a qualified risk manager to negotiate insurance coverage; (B) The person has paid aggregate nation-wide commercial property and casualty insurance premiums in excess of $100,000.00 in the immediately preceding 12 months; and
(C)(i) The person meets at least one of the following criteria: (I) The person possesses a net worth in excess of $20 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (II) The person generates annual revenues in excess of $50 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (III) The person employs more than 500 full-time or full-time equivalent employees per individual insured or is a member of an affiliated group employing more than 1,000 employees in the aggregate; (IV) The person is a not for profit organization or public entity generating annual budgeted expenditures of at least $30 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (V) The person is a municipality with a population in excess of 50,000.
(ii) Effective on January 1, 2016, and every five years on January 1 thereafter, the amounts in subdivisions (I), (II), and (IV) of division (i) of this subparagraph shall be adjusted to reflect the percentage change for such five-year period in the Consumer

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Price Index for All Urban Consumers as reported by the Bureau of Labor Statistics of the United States Department of Labor. (2) 'Home state' means: (A) The state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or (B) If 100 percent of the insured risk is located outside the state referred to in subparagraph (A) of this paragraph, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. If more than one insured from an affiliated group are named insureds on a single nonadmitted insurance contract, the term 'home state' means the home state, as determined according to subparagraph (A) of this paragraph, of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract. (3) 'Nonadmitted insurance' means any property and casualty insurance permitted in a state to be placed directly or through a surplus line broker with a nonadmitted insurer eligible to accept such insurance. (4) 'Principal place of business' means the state where the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business's activities. (5) 'Principal residence' means the state where the individual resides for the greatest number of days during a calendar year. (6) 'Qualified risk manager' means, with respect to a policyholder of commercial insurance, a person who meets all of the following requirements: (A) The person is an employee of, or third-party consultant retained by, the commercial policyholder; (B) The person provides skilled services in purchase of insurance and in loss prevention, loss reduction, or risk and insurance coverage analysis; (C) The person has a bachelor's degree or higher from an accredited college or university in risk management, business administration, finance, economics, or any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management and: (i) Has three years of experience in risk financing, claims administration, loss prevention, risk and insurance analysis, or purchasing commercial lines of insurance; (ii) Has a designation as a chartered property and casualty underwriter issued by the American Institute for CPCU/Insurance Institute of America; (iii) Has a designation as an associate in risk management issued by the American Institute for CPCU/Insurance Institute of America; (iv) Has a designation as certified risk manager issued by the National Alliance for Insurance Education & Research; (v) Has a designation as a RIMS Fellow issued by the Global Risk Management Institute; or

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(vi) Has any other designation, certification, or license determined by the Commissioner to demonstrate minimum competency in risk management; and (D) The person has: (i) At least seven years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; (ii) Any one of the designations specified in subparagraph (C) of this paragraph; (iii) At least ten years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or (iv) A graduate degree from an accredited college or university in risk management, business administration, finance, economics, or any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management. (7) 'Surplus line insurance' means any property and casualty insurance permitted in a state to be placed through a surplus line broker with a nonadmitted insurer eligible to accept such insurance. (8) 'Surplus line broker' or 'broker' means an individual who is licensed in this state to sell, solicit, or negotiate insurance on properties, risks, or exposures located or to be performed in this state with nonadmitted insurers."

SECTION 2. Said article is further amended by revising Code Section 33-5-21, relating to conditions of authorization of procurement of surplus line insurance, as follows:
"33-5-21. (a) Surplus line insurance may be procured from unauthorized insurers subject to the following conditions:
(1) The insurance must be procured through a licensed surplus line broker; (2) The insurance may only be procured from insurers which meet the financial condition requirements of Code Section 33-5-25; (3) The insured or the insured's agent has made an effort to procure the desired insurance coverage or benefits from authorized insurers, but such effort has been unsuccessful in obtaining insurance coverage or benefits which are satisfactory to the insured except as provided under subsection (b) of this Code section; and (4) The insurance shall not be procured under this chapter for personal passenger motor vehicle coverage or residential dwelling property coverage unless such insurance cannot be obtained from an authorized insurer. (b) The broker shall not be required to make a due diligence search to determine whether the full amount or type of insurance can be obtained from authorized insurers when the surplus line broker is seeking to procure or place nonadmitted insurance for an exempt commercial purchaser, provided:

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(1) The broker procuring or placing the surplus line insurance has disclosed to the exempt commercial purchaser that such insurance may be available from the admitted market that may provide greater protection with more regulatory oversight; and (2) The exempt commercial purchaser has subsequently requested in writing for the broker to procure or place such insurance from a nonadmitted insurer."

SECTION 3. Said article is further amended by revising Code Section 33-5-25, relating to the broker requirements prior to the placement of insurance, as follows:
"33-5-25. (a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insurance with any insurer who does not meet, according to current available reliable financial information, the requirements provided in subsection (b) of this Code section.
(b)(1) The broker shall so insure only: (A) With an insurance company domiciled in a United States jurisdiction that is authorized to write the type of insurance in its domiciliary jurisdiction and has a capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which equals the greater of: (i) The minimum capital and surplus requirements of this title; or (ii) Fifteen million dollars; The requirements of this subparagraph may be satisfied by an insurer that possesses less than the minimum capital and surplus upon an affirmative finding of acceptability by the Commissioner. The finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. In no event shall the Commissioner make an affirmative finding of acceptability when the unauthorized insurer's capital and surplus is less than $4,500,000.00; (B) With any group of foreign individual underwriters licensed and domiciled in a state or United States territory if such group maintains a trust or security fund of at least $10 million as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group. If the group includes incorporated and unincorporated underwriters, the incorporated members shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the group's domiciliary regulatory as are the unincorporated members; or (C) With an alien insurer or group of underwriters domiciled outside of the United States, including, but not limited to, any Lloyd's group, that is listed in the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners.

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(2) An insurer or group of foreign individual underwriters described in subparagraph (A) or (B) of paragraph (1) of this subsection shall annually furnish to the broker a copy of its current annual financial statement and, in the case of a group of foreign individual underwriters, evidence of compliance with required trust or security fund deposits. (c) For any violation of this Code section, a broker's license may be suspended or revoked as provided in Code Section 33-5-23."

SECTION 4. Said article is further amended by revising subsection Code Section 33-5-31, relating to payment by a broker of tax for the privilege of doing business, as follows:
"33-5-31. (a) The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a tax of 4 percent on all premiums paid to the surplus line broker during the preceding quarter, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner. (b) If a surplus line policy covers risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state."

SECTION 5. Said article is further amended by revising Code Section 33-5-32, relating to the penalty for failure to file a quarterly affidavit or remit the tax as prescribed, as follows:
"33-5-32. If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 day period or an amount equal to 100 percent of the tax, whichever is less, except that for good cause shown, the Commissioner may grant a reasonable extension of time within which the affidavit may be filed and the tax may be paid. The tax may be recovered by distraint and the penalty and tax may be recovered by an action instituted by the Commissioner in any court of competent jurisdiction. The Commissioner shall pay to the Office of the State Treasurer any penalty so collected."

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SECTION 6. Said article is further amended by revising subsection (a) of Code Section 33-5-33, relating to the filing of a report by persons procuring insurance with unauthorized insurers, as follows:
"(a) Every insured who in this state procures or causes to be procured or continues or renews insurance with an unauthorized insurer upon a subject of insurance resident, located, or to be performed both within and outside this state, other than insurance procured through a surplus line broker pursuant to this article or exempted from this article under Code Section 33-5-35, shall within 30 days after the date such insurance was so procured, continued, or renewed file a report of the same with the Commissioner in writing and upon forms designated by the Commissioner and furnished to such an insured upon request. The report shall state the name and address of the insured or insureds, name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium currently paid thereon, and such additional information as reasonably requested by the Commissioner."

SECTION 7. Said article is further amended by revising Code Section 33-5-35, relating to applicability of the article, as follows:
"33-5-35. This article controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this state:
(1) Insurance on property or operation of railroads engaged in interstate commerce; or (2) Insurance of aircraft owned or operated by manufacturers of aircraft or operated in scheduled interstate flight, or cargo of the aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of the aircraft."

SECTION 8. Said article is further amended by designating Code Sections 33-5-20 through 33-5-35 as Part 1 of said article and by adding a new part to read as follows:

"Part 2

33-5-40. The General Assembly finds the federal Nonadmitted and Reinsurance Reform Act of 2010, which was incorporated into the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, provides that only an insured's home state may require premium tax payment for nonadmitted insurance and authorizes states to enter into a compact or otherwise establish procedures to allocate among the states the nonadmitted

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insurance premium taxes. The General Assembly further finds that as the states are still in flux as to which proposed plan is best for them to enter, or if any agreement should be entered into by the state, the Commissioner of Insurance is in a unique position to weigh these options and to determine what is in the best interest of the state financially. Therefore, the General Assembly acknowledges that some flexibility is necessary to determine that the best financial interests of the state are met.

33-5-41. The Governor, on behalf of the state, advised by and in consultation with the Commissioner of Insurance, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by Code Section 33-5-31.

33-5-42. The cooperative agreement, compact, or reciprocal agreement for the purpose of the collection of insurance premiums imposed by Code Section 33-5-31 shall substantially follow the form of the model Surplus Lines Insurance Multi-State Compliance Compact, also known as SLIMPACT-lite, created by the National Conference of Insurance Legislators or the model Nonadmitted Insurance Multi-State Agreement, also known as NIMA, created by the National Association of Insurance Commissioners, as such documents exist on July 1, 2011.

33-5-43. The Governor with the consultation and advice of the Commissioner shall select the agreement, if any, that provides the best financial advantage to the state. In determining which agreement, if any, provides the best financial advantage to the state, the Governor with the consultation and advice of the Commissioner shall consider the impact on the state's gross receipt of premium tax, the potential additional administrative burden to the state and surplus line brokers procuring or placing surplus line insurance under this chapter, and such other criteria as determined by the Governor with the consultation and advice of the Commissioner.

33-5-44. In the event the Governor enters into a cooperative agreement, compact, or reciprocal agreement with another state or states as authorized under this part, notice of such action shall be communicated to the chairperson of the House Committee on Insurance and the chairperson of the Senate Insurance and Labor Committee. The Commissioner shall thereafter annually issue a report to such committees that assesses whether, in his or her opinion, the agreement continues to be in the best financial interest of the state."

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SECTION 9. Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, is revised as follows:
"33-23-10. (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. (b) The Commissioner shall by rule or regulation establish criteria and procedures for:
(1) The scope of any examination; and (2) Exemptions, if any, to examinations, provided that the Commissioner shall not, under any circumstances, exempt himself or herself from any written examination requirements set forth in this Code section. (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: (1) 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 10. Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, is amended by revising subsection (a) of Code Section 45-10-28, relating to penalties for violation of the part, as follows:
"(a)(1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to:
(A) Removal from office or employment; (B) A civil fine not to exceed $10,000.00; and (C) Restitution to the state of any pecuniary benefit received as a result of such violation. (2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to:

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(A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation."

SECTION 11. Said part is further amended by adding a new Code section to read as follows:
"45-10-29. (a) Notwithstanding any law, rule, or regulation to the contrary, a public official shall not be authorized to waive any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business. (b) Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business shall not be renewed until and unless the license holder has satisfied all of the requirements for securing a renewal license as well as any requirement that had been waived for the issuance of the original license. (c) Any person who knowingly violates subsection (a) or (b) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28."

SECTION 12. Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, is amended by revising paragraph (7) of Code Section 33-56-1, relating to definitions, as follows:
"(7) 'Negative trend' means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the life RBC instructions."

SECTION 13. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 33-56-3, relating to the definition of a company action level event, as follows:
"(1) The filing of an RBC report by an insurer which indicates that: (A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; (B) If a life and health insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 2.5 and has a negative trend; or

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(C) If a property and casualty insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test calculation included in the property and casualty RBC instructions;"

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

Approved May 11, 2011.

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EDUCATION HEALTH PUBLIC OFFICERS REVENUE SOCIAL SERVICES STATE MEDICAL EDUCATION BOARD SUCCEEDED BY GEORGIA BOARD FOR PHYSICIAN WORKFORCE.

No. 113 (House Bill No. 509).

AN ACT

To abolish the State Medical Education Board and provide that the Georgia Board for Physician Workforce shall succeed to the powers, rights, and duties of said abolished board; 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 provisions relating to medical scholarships; to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to change certain provisions relating to the purpose and intent of said chapter; to change certain provisions relating to administration of said chapter by the State Medical Education Board; to change certain provisions relating to service cancelable loans, repayment, and determination of physician underserved rural areas; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to eliminate a reference to the State Medical Education Board; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection for the state, so as to provide that the Georgia Board for Physician Workforce shall be the claimant agency with respect to certain debt; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to change certain provisions relating to creation and composition of said board, expense allowances, staffing, and advisory committees; to change certain provisions relating to purpose of said board; to

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change certain provisions relating to powers, duties, and responsibilities of said board; 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 Part 6, relating to medical scholarships, as follows:

"Part 6 20-3-510. As used in this part, the term 'board' means the Georgia Board for Physician Workforce created by Code Section 49-10-1.

20-3-511. (a) In addition to those powers, rights, and duties provided by Chapter 10 of Title 49, Chapter 34 of Title 31, and elsewhere by law, the board shall succeed to the powers, rights, and duties of the former State Medical Education Board as provided by this part. (b) The rights and obligations of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2011, by the former State Medical Education Board shall continue to exist; and none of such rights and obligations shall be impaired or diminished by reason of the transfer of the functions to the board. In all such instances, the board shall be substituted for the former State Medical Education Board, and the board shall succeed to the rights and obligations under such contracts, leases, agreements, and other transactions. (c) The board shall succeed to all rules, regulations, policies, procedures, and administrative orders of the State Medical Education Board that were in effect on June 30, 2011, or scheduled to go into effect on or after July 1, 2011, and which relate to the functions transferred to the board pursuant to this part. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect unless and until amended, repealed, superseded, or nullified by the board by proper authority or as otherwise provided by law.

20-3-512. (a) It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans made to or scholarships given students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment 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

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Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed to practice medicine in the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character, and qualifications of each applicant and determine the applicant's fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper. The board may also prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this part. The investigation of the applicant shall include an investigation of the ability of the applicant, and of the parents of such applicant, to pay his or her own tuition at such medical school, and the board in granting such loans and scholarships shall give preference to qualified applicants who, and whose parents, are unable to pay the applicant's tuition at such a medical school. (b) The board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same a loan or scholarship on a one-year renewable basis for the purpose of acquiring a standard four-year medical education, upon such terms and conditions as in the judgment of the board may be necessary or desirable. The board is authorized to consider, among other criteria, the home area of the student and the likelihood, if determinable, that the student will practice medicine in an area of this state which may entitle the student to repay the loan through services rendered as provided in this part.

20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the 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 Georgia Composite Medical Board. The loans and scholarships shall be paid in such manner as the Georgia Board for Physician Workforce 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 board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the 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 board approved rural county in Georgia of 35,000 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

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the jurisdiction of the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Corrections, or the Department of Juvenile Justice. For each year of practicing his or her profession in such 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.

20-3-514. (a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, including such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board, countersigned by the executive director of the board, and shall be signed by the applicant. For the purposes of this part the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and the said applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section; and such contract so executed by an applicant is declared to be a valid and binding contract the same as though the said applicant were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract. (b) An applicant who has entered into a loan or scholarship contract with the board and who:
(1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending; or (2) Voluntarily terminates his or her training and education in that institution for any reason prior to completion of training shall be immediately liable to the board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually said rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase. (c) An applicant who has entered into a loan or scholarship contract with the board and who breaches that contract by either failing to begin or failing to complete his or her service obligation under such loan or scholarship contract shall be immediately liable to the board for three times the total uncredited amount of all such scholarship or loan payments paid to the applicant, such uncredited sums to be prorated on a monthly basis respecting the applicant's actual service and total service obligation. The board may consent or agree to a lesser measure of damages for compelling reasons.

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(d) The board shall have the authority to cancel the loan or scholarship contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority may not be arbitrarily or unreasonably exercised. Upon such cancellation by the board, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually such rate of interest, subject to the limitations set forth in subsection (b) of this Code section.

20-3-515. It shall be the duty of the board to make inquiry of such four-year medical schools as it deems proper and make arrangements, within the limitations as to cost as provided for in Code Section 20-3-513, for the payment of tuition or matriculation fees of enrolled students granted loans or scholarships by the board.

20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the board from appropriations to the Department of Community Health for medical scholarships or other purposes.

20-3-517. The board shall make a biennial report to the General Assembly of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed to practice medicine within this state, and where they are practicing, and shall make a full report of all its expenditures for loans or scholarships and expenses incurred pursuant to this part.

20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia."

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SECTION 2. Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, is amended by revising Code Section 31-34-2, relating to the purpose and intent of said chapter, and Code Section 31-34-3, relating to administration of said chapter by the State Medical Education Board, as follows:
"31-34-2. It is the purpose of this chapter to increase the number of physicians in physician underserved rural areas of Georgia by making loans to physicians who have completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas and by making grants to hospitals and, as determined by the Georgia Board for Physician Workforce, other health care entities, local governments, and civic organizations in physician underserved rural areas of Georgia that agree to provide matching funds to the grant, with the intent to enhance recruitment efforts in bringing physicians to such areas. It is the intent of the General Assembly that if funds are available to the Georgia Board for Physician Workforce to make loans, grants, or scholarships under this chapter or under other applicable state law, the Georgia Board for hysician Workforce shall give priority to loans and scholarships under Part 6 of Article 7 of Chapter 3 of Title 20 and to loans under Code Section 31-34-4.

31-34-3. This chapter shall be administered by the Georgia Board for Physician Workforce, and, as used in this chapter, the word 'board' means the Georgia Board for Physician Workforce created in Code Section 49-10-1."

SECTION 3. Said chapter is further amended in Code Section 31-34-5, relating to service cancelable loans, repayment, and determination of physician underserved rural areas, by revising subsection (c) as follows:
"(c) In making a determination of physician underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Community Health, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or private associations or organizations as the board determines to be of assistance in making such determinations. Criteria to determine physician underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following:
(1) The ratio of physicians to population in the area; (2) Indications of the health status of the population in the area; (3) The poverty level and dependent age groups of the population in the area; (4) Indications of community support for more physicians in the area; and (5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay."

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SECTION 4. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, is amended by revising subsection (a) as follows:
"(a) Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, 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. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education; (2) Board of Regents of the University System of Georgia; (3) Board of Corrections; (4) Board of Economic Development; (5) Board of Natural Resources; (6) State Transportation Board; (7) Dental Education Board; (8) Georgia Student Finance Commission; (9) Veterans Service Board; (10) Georgia Agricultural Exposition Authority; (11) Georgia Board for Physician Workforce; (12) Georgia Music Hall of Fame Authority; (13) Georgia Sports Hall of Fame Authority; (14) Georgia Rail Passenger Authority; (15) Georgia Tobacco Community Development Board; (16) State Board of Technical and Adult Education; (17) Civil War Commission; and (18) The delegation from the State of Georgia to the Southern Dairy Compact Commission."

SECTION 5. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection for the state, is amended by revising paragraph (1) as follows:

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"(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Article 1 of Chapter 11 of Title 19, Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The Georgia Board for Physician Workforce with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult."

SECTION 6. Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, is amended in Code Section 49-10-1, relating to creation and composition of said board, expense allowances, staffing, and advisory committees, by revising paragraph (2) of subsection (a) as follows:
"(2) The Georgia Board for Physician Workforce shall be composed of 15 members, all of whom are residents of this state, as follows:
(A) Five members shall be primary care physicians, at least three of whom shall be from rural areas; (B) Five members shall be physicians who are not primary care physicians, at least three of whom shall practice in rural areas; (C) Three members shall be representatives of hospitals which are not teaching hospitals, with at least two of those three members being representatives of rural, nonprofit hospitals; (D) One member shall be a representative from the business community; (E) One member shall have no connection with the practice of medicine or the provision of health care; and

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(F) The physicians on the board shall represent a diversity of medical disciplines, including, but not limited to, women's health, geriatrics, and children's health. The board shall represent the gender, racial, and geographical diversity of the state."

SECTION 7. Said chapter is further amended by revising Code Section 49-10-2, relating to purpose of said board, and Code Section 49-10-3, relating to powers, duties, and responsibilities of said board, as follows:
"49-10-2. The purpose of the board shall be to address the health care workforce needs of Georgia communities through the support and development of medical education programs and to increase the number of physicians and health care practitioners practicing in underserved rural areas.

49-10-3. The board shall have the following powers, duties, and responsibilities:
(1) To locate and determine specific underserved areas of the state in which unmet priority needs exist for physicians and health care practitioners by monitoring and evaluating the supply and distribution of physicians and health care practitioners by specialty and geographical location; (2) Award service cancelable loans and scholarships pursuant to Part 6 of Article 7 of Chapter 3 of Title 20, Chapter 34 of Title 31, or as otherwise provided by law; (3) To approve and allocate state appropriations for family practice training programs, including but not limited to fellowships in geriatrics and other areas of need as may be identified by the board; (4) To approve and allocate state appropriations for designated pediatric training programs; (5) To approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (6) To coordinate and conduct with other state, federal, and private entities, as appropriate, activities to increase the number of graduating physicians and health care practitioners who remain in Georgia to practice with an emphasis on medically underserved areas of the state; (7) To apply for grants and to solicit and accept donations, gifts, and contributions from any source for the purposes of studying or engaging one or more contractors to study issues relevant to medical education or implementing initiatives designed to enhance the medical education infrastructure of this state and to meet the physician and other health care practitioners workforce needs of Georgia communities; and (8) To carry out any other functions assigned to the board by general law."

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SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 11, 2011.
__________
GAME AND FISH WILDLIFE CONTROL PERMITS; FERAL HOGS.
No. 114 (House Bill No. 485).
AN ACT
To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses and permits, so as to change certain provisions relating to wildlife control permits; to prohibit releasing any trapped or transported feral hog into any area that is not fenced to prevent the escape of such feral hog onto the land of another; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses and permits, is amended by revising Code Section 27-2-31, relating to wildlife control permits, as follows:
"27-2-31. (a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:
(1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property; (2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively;

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(3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and (4) For feral hogs, provided that:
(A) All permitted activities must comply with all rules and regulations of the Department of Agriculture; and
(B)(i) No person shall release any trapped or transported feral hog into any area that is not fenced to prevent the escape of such feral hog onto the land of another. (ii) Any person who violates division (i) of this subparagraph shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. (iii) Any license or permit previously issued under this title to any person convicted of violating division (i) of this subparagraph shall by operation of law be revoked and shall not be reissued for a period of three years after the date of such conviction. The licensee or permit holder shall be notified of the revocation personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24. (b) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised. (c) Nothing in this Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species."

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

Approved May 11, 2011.

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CRIMES SOCIAL SERVICES RUNAWAY YOUTH SAFETY ACT.

No. 115 (Senate Bill No. 94).

AN ACT

To provide for a short title; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions relating to interference with lawful custody; to change provisions relating to contributing to the delinquency, unruliness, or deprivation of a minor; to provide for definitions; to provide for exclusions from criminal liability under certain circumstances; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for registration of certain organizations that provide services to runaway and homeless youth; to provide for procedure; to provided 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. This Act shall be known and may be cited as the "Runaway Youth Safety Act."

SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsections (a) and (b) of Code Section 16-5-45, relating to interference with custody, as follows:
"(a) As used in this Code section, the term: (1) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2. (2) 'Committed person' means any child or other person whose custody is entrusted to another individual by authority of law. (3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction. (4) 'Service provider' means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity or child welfare agency. (b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the person:

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(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person; (B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if:
(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5; (ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person. (2) A person convicted of the offense of interference with custody shall be punished as follows: (A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and (C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years."

SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(a) As used in this Code section, the term: (1) 'Delinquent act' means a delinquent act as defined in Code Section 15-11-2. (2) 'Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States.

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(3) 'Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2. (4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, an injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12-100. (5) 'Service provider' means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or agent or employee acting on behalf of such entity or child welfare agency. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2; provided, however, that this paragraph shall not apply to a service provider that notifies the minor's parent, guardian, or legal custodian of the minor's location and general state of well being as soon as possible but not later than 72 hours after the minor's acceptance of services; provided, further, that such notification shall not be required if:
(A) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5; (B) The minor will not disclose the name of the minor's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; or (C) The minor's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code

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Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult."

SECTION 4. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protections for children and youth, is amended by revising Article 7, which is reserved, as follows:

"ARTICLE 7

49-5-160. As used in this article, the term:
(1) 'Licensed' means an individual who has been licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43. (2) 'Organization' means a nonprofit charitable organization which is exempt from taxation under the provisions of Section 501(c)(3) of the United States Internal Revenue Code, which:
(A) Serves children who have run away or children who are homeless; (B) Has qualified staff on duty at all hours the organization is open for service; and (C) Employs at least one individual who is licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43. (3) 'Qualified staff' means having: (A) All staff who directly interact with children receive training on emergency evacuation procedures, service protocols, and the mandatory child abuse reporting requirements set forth in Code Section 19-7-5; and (B) All staff have had a criminal record check conducted in accordance with Article 5 of this chapter.

49-5-161. (a) On and after July 1, 2011, all organizations shall register under this Code section by submitting a form to the department, upon forms furnished by the department. The form shall require the name, address, and telephone number of the organization and emergency contact information. (b) A registrant shall be required to pay an annual registration fee of $25.00. (c) Upon receipt of an application for registration, payment of the registration fees, and presentation by the applicant of evidence that the organization meets the qualifications

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prescribed by Code Section 49-4-162, the department shall issue such organization a registration certificate valid for one year.

49-5-162. (a) The department shall require organizations to have reasonable:
(1) Written policies and procedures for admission, intake, and record keeping; (2) Written policies regarding treatment and referrals for mental, physical, and emotional health; (3) Written policies for reports of actual or alleged injuries at an organization's premises; and (4) Proof of having qualified staff. (b) The department shall require that organizations: (1) Photograph all minors considered for admission by the organization; (2) Have proof of liability insurance coverage sufficient to protect the clients of the organization's facility; and (3) Provide a copy of its registration to the sheriff of the county in which the organization operates a facility, and the sheriff shall distribute such registration to all appropriate law enforcement agencies within the county.

49-5-163. (a) A registered organization shall prominently display its registration at some location near the entrance of the premises of such organization that is open to view by the public. (b) The department shall be given the right to periodically inspect the facilities of registered organizations. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the organization. (c) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any organization or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.

49-5-164. Nothing in this article shall be construed to exempt a registered organization from the requirements of Code Section 49-5-12 for minors who are present with a service provider longer than 72 hours after the minor has accepted services."

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

Approved May 11, 2011.

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PUBLIC UTILITIES ENERGY INDEPENDENCE AND RATE PAYER PROTECTION ACT.

No. 116 (Senate Bill No. 108).

AN ACT

To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to natural gas competition and deregulation, so as to change certain provisions relating to the universal service fund; to change certain provisions relating to the purpose of the fund; to provide for the creation and maintenance of the fund from the proceeds of the sale or lease of certain facilities; to provide for commission approval of certain leases and sales; to provide a short title; 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 "Energy Independence and Rate Payer Protection Act."

SECTION 2. Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to natural gas competition and deregulation, is amended by revising subsection (a) of Code Section 46-4-161, relating to universal service fund, as follows:
"(a) The commission shall create for each electing distribution company a universal service fund for the purpose of:
(1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing distribution company to expand its facilities and service in the public interest. Such expansion of facilities may include a natural gas fueling infrastructure for motor vehicles at the discretion of the commission; and (3) Assisting low-income residential consumers in times of emergency as determined by the commission, and consumers of the regulated provider of natural gas in accordance with Code Section 46-4-166."

SECTION 3. Said article is further amended by revising subsection (c) of Code Section 46-4-161, relating to universal service fund, as follows:
"(c) The fund shall be created and maintained from time to time from the following sources:

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(1) Rate refunds to the electing distribution company from its interstate pipeline suppliers; (2) Any earnings allocable to ratepayers under performance based rates of the electing distribution company authorized by this article; (3) A surcharge to the rates for firm distribution service of the electing distribution company authorized for such purpose by the commission from time to time; (4) Surcharges on customers receiving interruptible service over the electing distribution company's distribution system imposed by the commission in accordance with Code Section 46-4-154; (5) Refunds of deposits required by marketers as a condition for service, if such refunds have not been delivered to or claimed by the consumer within two years; (6) Funds deposited by marketers in accordance with Code Section 46-4-160.3; (7) The proceeds from the sale or lease of facilities financed from the universal service fund; and (8) Any other payments to the fund as provided by law or by order of the commission."

SECTION 4. Said article is further amended by adding a new subsection to Code Section 46-4-161, relating to universal service fund, to read as follows:
"(h) In no event shall an electing distribution company, who receives a distribution from the fund, sell or lease any facilities financed by the fund to an affiliate for less than the higher of the net book value or fair market value of such facility without approval by the commission."

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 11, 2011.

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CIVIL PRACTICE HABEAS CORPUS COSTS; COUNTY REIMBURSEMENT.

No. 117 (Senate Bill No. 193).

AN ACT

To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, so as to update administrative provisions relating to the reimbursement to counties for habeas corpus costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, is amended by revising Code Section 9-14-53, relating to reimbursement to counties for habeas corpus costs, as follows:
"9-14-53. Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit."

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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 11, 2011.

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PUBLIC OFFICERS DECEASED EMPLOYEE; INSURANCE CONTINUATION; SURVIVING SPOUSE AND DEPENDANTS.
No. 118 (House Bill No. 107). AN ACT
To amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, is amended by revising subsection (e) as follows:
"(e) If any employee of this state is killed while acting within the scope of his or her employment or receives bodily injury while acting within the scope of his or her employment that directly results in death thereafter, eligible dependents may continue coverage, provided that:
(1) The deceased employee was the primary or principal beneficiary of any contract or contracts for health insurance established under this part; (2) At the time of death, the employee included his or her eligible dependents under such contract or contracts for health insurance;

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(3) At the time of death, the employee maintained continuous coverage during the period between injury and death; (4) The eligible dependents agree to pay the contributions to the cost of such coverage; and (5) The eligible dependents pay such contributions in accordance with the rules and regulations promulgated and adopted by the board governing the continuance, discontinuance, and resumption of coverage by such eligible dependents; provided, however, that, on and after the effective date of this clause, any eligible dependents of a deceased employee of this state killed in the line of duty who are receiving continued coverage or who elect to continue coverage pursuant to this subsection shall be entitled to continue such coverage under the health insurance plan established pursuant to this part upon agreeing to pay contributions at the same rate as required for state employees and in compliance with the rules and regulations governing such coverage."

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 11, 2011.

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CRIMES CRIMINAL PROCEDURE MOTOR VEHICLES PUBLIC UTILITIES CASH BONDS; FEDERAL MOTOR CARRIER CONFORMITY; HAZARDOUS MATERIALS; EQUIPMENT; FEES; MUNICIPAL OPERATION; PRIVATE CARRIERS; LIMOUSINE INSPECTIONS.

No. 119 (House Bill No. 112).

AN ACT

To amend provisions of the Official Code of Georgia Annotated, relating to the Department of Public Safety; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to change a cross-reference; to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to add violations for which cash bonds can be accepted in

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lieu of bail and proceedings for failure to appear; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to designate the existing provisions of Chapter 1 as Article 1; to update definitions to make them compatible with federal motor carrier safety regulations; to provide for safe operations of motor carriers and commercial motor vehicles; to enact a new Article 2 of said Chapter 1, the "Transportation of Hazardous Materials Act," so as to provide procedures for the safe transportation of hazardous materials within this state; to revise the provisions regarding temporary plates; to provide for seminars on operation and safety for motor carriers; to ensure that the financial responsibility requirements of motor carriers in this state are compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to modify, repeal, and create certain definitions; to clarify the applicability of safety regulations to vehicles operated within corporate limits of a city; to provide for fees; to correct an internal reference; to repeal Code Sections 46-7-26 and 46-7-37, relating to promulgation of rules and exceptions for private carriers; to provide for penalties; to provide for limousine inspections; to repeal Chapter 11 of said Title 46, relating to transportation of hazardous materials; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by revising paragraph (3) of subsection (a) of Code Section 16-11-111, relating to possession of anhydrous ammonia, as follows:
"(3) A person who violates subparagraph (B) of paragraph (2) of this subsection shall be subject to civil penalties in accordance with Code Section 40-1-23."

SECTION 2. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds and recognizances, is amended by revising Code Section 17-6-5, relating to acceptance of cash bonds for violations relating to motor vehicles, as follows:
"17-6-5. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to:
(1) Traffic or the operation or licensing of motor vehicles or operators; (2) The width, height, or length of vehicles and loads;

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(3) Motor common carriers and motor contract carriers; (4) Commercial vehicle or driver safety; (5) Hazardous materials transportation; (6) Motor carrier insurance or registration; (7) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (8) Game and fish; (9) Boating; or (10) Litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he or she is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time."

SECTION 3. Said article is further amended by revising Code Section 17-6-8, relating to acceptance of cash bonds and proceedings upon the failure of a person to appear, as follows:
"17-6-8. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to:
(1) Traffic or the operation or licensing of motor vehicles or operators; (2) The width, height, or length of vehicles and loads; (3) Motor common carriers and motor contract carriers; (4) Commercial vehicle or driver safety; (5) Hazardous materials transportation; (6) Motor carrier insurance or registration; (7) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (8) Game and fish; (9) Boating; or (10) Litter control gives a cash bond for his or her appearance as provided in Code Section 17-6-5 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws."

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SECTION 4. Said article is further amended by revising subsection (a) of Code Section 17-6-11, relating to use of a driver's license in lieu of bail, recognizance, or incarceration, as follows:
"(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to:
(1) Traffic, including any offense under Code Section 40-5-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of driver services, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) The licensing and registration of motor vehicles and operators; (3) The width, height, and length of vehicles and loads; (4) Motor common carriers and motor contract carriers; (5) Commercial vehicle or driver safety; (6) Hazardous materials transportation; (7) Motor carrier insurance or registration; or (8) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter."

SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by designating the existing provisions of Chapter 1, relating to general provisions regarding motor vehicles and traffic, as Article 1.

SECTION 6. Said title is further amended by adding a new paragraph to Code Section 40-1-1, relating to definitions regarding motor vehicles and traffic, to read as follows:
"(18.1) 'Hazardous material' means a substance or material as designated pursuant to the Federal Hazardous Materials Law, 49 U.S.C. Section 5103(a)."

SECTION 7. Said title is further amended in said Code Section 40-1-1 by renumbering current paragraph (24.1) as paragraph (24.2) and by adding a new paragraph (24.1) to read as follows:

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"(24.1) 'Lightweight commercial vehicle' means a motor vehicle which does not meet the definition of a commercial motor vehicle and which, in the furtherance of a commercial enterprise:
(A) Is used to transport hazardous materials in a type and quantity for which placards are not required in accordance with the Hazardous Materials Regulations prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by the commissioner of public safety; (B) Is used to transport property for compensation; (C) Is used to transport passengers for compensation, other than a taxicab; or (D) Is a wrecker or tow truck."

SECTION 8. Said title is further amended in said Code Section 40-1-1 by adding new paragraphs to read as follows:
"(28.1) 'Motor carrier' shall have the same meaning as provided for in Code Section 40-2-1, and the terms 'carrier' and 'motor carrier' are synonymous." "(50.1) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of business or enterprise operations." "(76) 'Wrecker' means a vehicle designed, equipped, or used to tow or carry other motor vehicles by means of a hoist, crane, sling, lift, or roll-back or slide back platform, by a mechanism of a like or similar character, or by any combination thereof, and the terms 'tow truck' and 'wrecker' are synonymous."

SECTION 9. Said title is further amended in Article 1 of Chapter 1 by adding a new Code section to read as follows:
"40-1-8. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (b) The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following: (1) Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner shall from time to time promulgate;

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(2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, meet the qualification requirements the commissioner shall from time to time promulgate, be of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and be fully competent and sufficiently rested to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; (4) The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the Federal Unified Carrier Registration Act of 2005; and (5) The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the 'Georgia Forest Products Trucking Rules.' (c)(1) Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (2) Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section. (d) The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005. (e) The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this

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Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare.
(f)(1) The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35 to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency. (2) Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections. (g) No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (h) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title."

SECTION 10. Said title is further amended by adding a new article in Chapter 1 to read as follows:

"ARTICLE 2

40-1-20. This article shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'

40-1-21. The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare and the secure transportation of hazardous materials requires control and close regulation of such transportation to minimize that hazard and to that end this

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article is enacted. This is a remedial law and shall be liberally construed. The Department of Public Safety is designated as the agency to implement and enforce this article.

40-1-22. As used in this article, the term:
(1) 'Anhydrous ammonia' means the materials identified as 'ammonia, anhydrous,' or 'ammonia solutions with more than 50 percent ammonia and relative density less than 0.880 at 15 degrees Centigrade in water,' in federal hazardous materials regulations contained in Title 49 C.F.R. (2) 'C.F.R.' means the United States Code of Federal Regulations, as it may be amended from time to time in the Federal Register. (3) 'Commissioner' means the commissioner of public safety. (4) 'Department' means the Department of Public Safety. (5) 'Liquefied natural gas' or 'LNG' means methane or natural gas in the form of a cryogenic or refrigerated liquid, as identified in federal hazardous materials regulations contained in Title 49 C.F.R. (6) 'Permit' means an instrument of whatever character or nature including, but not limited to, electronic format, issued by the department pursuant to this article. (7) 'Person,' in addition to the meaning provided in paragraph (43) of Code Section 40-1-1, means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government, or any other entity and includes any officer, agent, or employee of any of the above, who offers, ships, or carries a hazardous material in the furtherance of a commercial or business enterprise, whether or not such transportation is for-hire, or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests packages designed, used, or intended for the transportation of hazardous materials. (8) 'Polychlorinated biphenyl' or 'PCB' has the same meaning as the material identified in federal hazardous materials regulations contained in Title 49 C.F.R. (9) 'Radioactive material' has the same meaning as the term is used in federal hazardous materials regulations contained in Title 49 C.F.R. (10) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, equipment, drivers, employees, cargo, packaging, records, books, or supporting documentation kept or required to be kept in the normal course of offering or transporting hazardous materials, or in the normal course of manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing packages designed, used, or intended for the transportation of hazardous materials. (11) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods, property, or persons. The terms 'shipper' and 'offeror' are synonymous.

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40-1-23. (a) Notwithstanding any other provision of law to the contrary, any person transporting, shipping, or offering for transportation hazardous material on the public roads of this state shall be subject to the requirements of this article. Persons who ship, offer, transport, or store incidental to transportation hazardous materials, or who manufacture, fabricate, mark, maintain, recondition, repair, or test packages used or intended for the transportation of hazardous materials, shall be deemed to have given consent to regulatory compliance inspections. (b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, certified, secured, and monitored in compliance with rules and regulations promulgated by the commissioner pursuant to this article and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Energy, United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Natural Resources, and state fire marshal, applicable to such persons.
(c)(1) The commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commissioner or his or her designee in accordance with such rules and regulations; provided, however, that such notification requirements shall comply with applicable federal hazardous materials transportation law. (2) Prior to the transport of spent nuclear fuel or high-level radioactive waste, as those terms are defined in 42 U.S.C. Chapter 108 as amended by the Federal Nuclear Waste Policy Act of 1982, the shipper shall notify the commissioner or his or her designee in the manner required by Title 10 C.F.R. Part 71 or Part 73. (d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the commissioner and the courts of this state with respect to such transport. (e)(1) No transportation of hazardous material shall take place in or through this state until the commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health,

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safety, welfare, or the environment. The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law. (2) Notwithstanding any provision of law to the contrary, pursuant to uniform permitting provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5119, the commissioner is authorized to adopt rules and regulations to bring state regulations into compliance with said federal law. (f) Every such permit and all other documentation required by the commissioner shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer, firefighter, emergency responder, or employee of the department who has been given enforcement authority by the commissioner. (g) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee. (h)(1) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue annual permits which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date such permit is issued. (2) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue a single-trip permit to any vehicle. (3) Pursuant to this article, the commissioner may charge a fee for the issuance of such permits and may develop and adopt an apportionment schedule for fees to be established by rules and regulations promulgated by the commissioner. The fee for the issuance of an annual trip permit shall be not more than $100.00. (i) The commissioner may arrange for escorts or inspections which comply with Code Section 35-2-56 or 35-2-101. (j) For purposes of this article, the commissioner is expressly authorized to contract with any other state or local agency or department to perform any activities necessary to implement this article. Enforcement of this article and any rules, regulations, or orders promulgated, adopted, or issued hereunder shall be the sole province of the department and those entities the commissioner authorizes in writing, except for provisions relating to anhydrous ammonia. (k)(1) Notwithstanding any other provisions of this article, the commissioner is authorized to establish such exceptions or exemptions from the requirements of this article, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as he or she shall deem appropriate, consistent with the protection of the public health, safety, and welfare. (2) Specifically, but without limitation, the commissioner shall continue in force the agricultural exceptions in 49 C.F.R. Section 173.5, and the tank exceptions in 49 C.F.R.

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Section 173.8, as originally adopted in Public Service Commission Appendix 'A' File MCA 1-3, Docket No. 16632-M, effective June 1, 1998. (l) This article shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of a single contiguous authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Natural Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this article apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission, United States Department of Energy, United States Department of Defense, or other federal agency authorized to possess or transport such material where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies. (m) This article shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968. (n)(1) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery. (2) The commissioner is expressly authorized to charge reasonable fees for time, equipment, materials, and supplies used or incurred by the department in the implementation of this article. (3) The commissioner may issue civil penalties against any person found in violation of this article or any regulations promulgated or adopted for the safe and secure transportation of hazardous materials. Such penalties shall not exceed the limits established by 49 U.S.C. Chapter 51. (o) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia, shall be subject to all rules and regulations promulgated by the commissioner pursuant to this article governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (p) Notwithstanding the provisions of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed the maximum amounts for penalties established by 49 U.S.C. Chapter 51 for each violation of any rules and regulations promulgated pursuant to this article with respect to persons transporting methamphetamine,

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amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia. (q) The department is designated as the routing agency as defined in Title 49 C.F.R. Part 397, Subpart E. Routing determinations for hazardous materials shall be made in accordance with the provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5112. The commissioner or his or her designee shall consult with Georgia Department of Transportation, Georgia Department of Natural Resources, Georgia Emergency Management Agency, Georgia Department of Homeland Security, or other agencies as necessary to carry out these responsibilities. (r) Drivers who transport hazardous materials shall be trained at least to the minimum standards required by federal law. Upon request by the commissioner, proof of such federally required driver training shall be made available to the commissioner or his or her staff. (s) For the transportation of spent nuclear fuel, high-level radioactive waste, and other hazardous materials, the commissioner may take action to ensure that motor vehicles, drivers, and packages used in such transportation have been inspected to show compliance with the federal motor carrier safety regulations and federal hazardous materials regulations, and compatible state regulations adopted pursuant to this article. (t) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commissioner and shall for all persons subject to this article, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations. (u) No person shall transport or cause the transportation of hazardous materials in violation of an out-of-service order. (v) In addition to any other liability imposed by law, any person who violates or fails to comply with any provision of this article, or any rule, regulation, or order promulgated, adopted, or issued hereunder, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title.
(w)(1) The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this article. Any standards, rules, or regulations adopted pursuant to this article, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law. Any such rules and regulations shall be compatible with federal motor carrier safety regulations and federal hazardous materials regulations in Title 49 C.F.R. (2) Regulations governing the safe operations of motor carriers, commercial motor vehicles, and drivers and the safe and secure transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of

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Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (3) Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this article. (4) The department shall, to the extent practicable, engage in education, outreach, and customer service activities to reach persons and entities affected by these regulations and to assist the competitiveness of Georgia citizens and businesses engaged in regulated activities.

40-1-24. (a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this article, as provided for in this article and Chapter 2 of Title 35. It is the intent of the General Assembly, subject to the appropriations process, that funds derived under this article shall be used to further the Department of Public Safety's hazardous materials transportation safety programs; provided, however, that the department shall retain those funds derived specifically for inspection or escort. (b) The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the commissioner the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways and to enter upon and inspect shipper and carrier facilities for purposes of determining whether such vehicles and facilities have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof, and to issue out-of-service orders to carriers, vehicles, and drivers in accordance with criteria which shall be established or adopted by the commissioner. (c) As designated by the commissioner, by way of agreement, members of county, municipal, campus, and other state agencies may only perform regulatory compliance inspections of vehicles, drivers, and cargo in operation, and enforce the provisions of this article and rules and regulations promulgated hereunder subject to the terms and conditions of that agreement. (d) The commissioner is vested with powers to designate, deputize, and delegate to employees of the department the necessary authority to enter upon and examine the

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facilities where hazardous materials are filled, offered, shipped, or stored incidental to transportation, or where packages are manufactured, fabricated, marked, maintained, reconditioned, repaired, or tested for purposes of regulatory compliance inspections for determining compliance with this article and other laws the administration or enforcement of which is the responsibility of the department.

40-1-25. In the event that any section, paragraph, or other part of this article, or any requirement thereunder, or any rule, regulation, or order of the commissioner promulgated hereunder, is found to be preempted by federal law, or otherwise found to be improper, null or otherwise void, all other requirements not so preempted or otherwise so found shall remain in full force and effect."

SECTION 10.1. Said title is further amended by revising subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county and extension of temporary plate, holographic security images, and disposition of fines, as follows:
"(b)(1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.
(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles who displays a temporary plate issued as provided by subparagraph (B) of this paragraph may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter.
(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate as provided for by department rules or regulations which may bear the dealer's name and location and shall bear the

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expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefore. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department. The department may provide by rule or regulation for the sale and distribution of such temporary plates by third parties in accordance with paragraph (3) of this subsection. (3) All sellers and distributors of temporary license plates shall register with the department and shall be assigned a distinct identifier by the department. All sellers and distributors of temporary license plates shall maintain an inventory record of temporary license plates by number and name of the dealer. (4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the penalties enumerated in this subsection."

SECTION 10.2. Said title is further amended by adding a new subsection to Code Section 40-2-140, relating to administration of the Unified Carrier Registration Act by the Department of Revenue, as follows:
"(d.1) Before any motor carrier shall be registered under the Unified Carrier Registration Act of 2005 by the Department of Revenue, that carrier shall furnish evidence to the department that the carrier, through an authorized representative, has completed, within the preceding 12 months, an educational seminar on motor carrier operations and safety regulations that has been certified by the commissioner."

SECTION 11. Said title is further amended by adding a new section to Chapter 6, relating to the uniform rules of the road, to read as follows:
"40-6-10.1. No motor carrier subject to the financial responsibility requirements of the Federal Motor Carrier Safety Administration, or any successor agency, as contained in 49 C.F.R. Part 387,

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shall operate any motor vehicle upon the highways of this state until such motor carrier has obtained and has in effect the minimum levels of financial responsibility prescribed by such federal regulations."

SECTION 12. Said title is further amended by revising Code Section 40-8-2, relating to vehicles within the jurisdiction of the commissioner of public safety, as follows:
"40-8-2. In addition to the requirements of this article, the commissioner of public safety, as to the motor vehicles within the jurisdiction of the Department of Public Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Code Section 40-1-8. Any such rules promulgated or deemed necessary by the commissioner shall include the following: every vehicle and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commissioner shall promulgate from time to time. Notwithstanding any provision of law to the contrary, a vehicle, driver, or motor carrier that is subject to a safety rule so promulgated shall comply with the more stringent or additional requirement imposed by that motor carrier safety or hazardous materials safety rule."

SECTION 13. Said title is further amended by revising Code Section 40-8-27, relating to lighting equipment requirements, as follows:
"40-8-27. (a) Except as provided in subsection (b) of this Code section, whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a flag or flags as described in subsection (c) of this Code section not less than 18 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (b) 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 amber strobe type lamp equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load. If the mounting of one strobe lamp cannot be accomplished so that it is visible from the rear and both sides of the projecting load, multiple strobe lights shall be utilized so as to meet the visibility requirements of this subsection. The strobe lamp 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 to the rear and sides of the projecting

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load any time of the day or night. The lamp shall be operating 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 or flags 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 an amber strobe light to comply with the provisions of this Code section. (b.1) In lieu of the strobe type lamp or lamps provided for in subsection (b) of this Code 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 or lights shall be amber in color, 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 or flags 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. (c) The flag or flags as required by subsection (a) or (b) of this Code section shall be of a bright red or orange fluorescent color not less than 18 inches square which is clearly visible and shall be displayed in such a manner that the entire area of the flag is visible from the rear of the vehicle. There shall be a single flag at the extreme rear of the projecting load if the projecting load is two feet wide or less. Two such warning flags shall be required if the projecting load is wider than two feet. Flags shall be located to indicate the maximum width of loads which extend beyond the rear of the vehicle."

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SECTION 14. Said title is further amended by revising Code Section 40-8-53, relating to performance ability of brakes, as follows:
"40-8-53. (a) Except as provided for in subsection (b) of this Code section, every motor vehicle or combination of motor drawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified in this Code section or shall be capable of being decelerated at a sustained rate corresponding to these distances.

Feet to Stop From 20 Miles
Per Hour

Deceleration in Feet Per Second

Vehicles or combinations of vehicles

having brakes on all wheels

30

14

Vehicles or combinations of vehicles

not having brakes on all wheels

40

10.7

(b) The brake performance ability for commercial motor vehicles shall be as provided for

in the federal motor carrier safety regulations contained in 49 C.F.R. 393.52 and adopted

by the commissioner of public safety pursuant to Code Section 40-1-8. Commercial motor

vehicles shall be capable at all times and under all conditions of loading of being stopped

on a dry, smooth, level road free from loose material upon application of the service (foot)

brake within the distances specified in those rules."

SECTION 15. Said title is further amended by revising Code Section 40-8-72, relating to mirrors, as follows:
"40-8-72. (a) Except as provided in subsection (b) of this Code section, every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. (b) Every commercial motor vehicle shall be equipped with two rear-vision mirrors meeting the requirements of the federal motor vehicle safety standards contained in 49 C.F.R. 571.111 in effect at the time of manufacture, one at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle; provided, however, that only one outside mirror shall be required, which shall be on the driver's side, on a commercial motor vehicle which is so constructed that the driver has a view to the rear by means of an interior mirror."

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SECTION 16. Said title is further amended by revising subsections (f) and (g) of Code Section 40-8-73.1, relating to window tinting, as follows:
"(f) Notwithstanding any other provision of this Code section, commercial motor vehicles operated in this state are subject to the specifications of or limitations relating to windshield or window glazing or the application of light reducing or reflectance material to the windshield or windows as provided for in the federal motor carrier safety regulations contained in 49 C.F.R. 393.60 and adopted by the commissioner of public safety pursuant to Code Section 40-1-8. (g) The Department of Public Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section. (h) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor."

SECTION 17. Said title is further amended by revising subsections (e) and (g) of Code Section 40-8-74, relating to tire tread depth, as follows:
"(e) All tires: (1) Shall have not less than 2/32 inch tread measurable in all major grooves except that school buses and commercial vehicles shall have not less than 4/32 inch tread measurable in all major grooves on the front tires and school buses shall have not less than 4/32 inch tread measurable in all major grooves on the rear tires when there are only two tires on the rear; such measurements shall not be made where tie bars, humps, or fillets are located; (2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and (3) Shall be free from bumps, bulges, or separations."
"(g) Retreaded, regrooved, or recapped tires shall not be used upon the front wheels of buses."

SECTION 18. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-1-1, relating to definitions, as follows:
"46-1-1. As used in this title, the term:
(1) 'Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) 'Certificate' means a certificate of public convenience and necessity issued pursuant to this title. (3) 'Commission' means the Public Service Commission.

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(4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (5.1) 'Exempt rideshare' means:
(A) Government endorsed rideshare programs; (B) Rideshare programs in which a rideshare driver seeks reimbursement for, or the rideshare participants pool or otherwise share, rideshare costs such as fuel; or (C) The leasing or rental of a vehicle, in the ordinary course of the lessor's or rentor's business, for rideshare purposes as part of a government endorsed rideshare program, or for rideshare under a contract requiring compliance with subparagraph (B) of this paragraph. (6) 'For compensation' or 'for hire' means an activity wherein for payment or other compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common control with a motor carrier who shall offer to furnish transportation for compensation or for hire, provided that no exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire. (6.1) 'Gas company' means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas. (6.2) 'Government endorsed rideshare program' means a vanpool, carpool, or similar rideshare operation conducted by or under the auspices of a state or local governmental transit instrumentality, such as GRTA, a transportation management association, or a community improvement district, or conducted under the auspices of such transit agencies, including through any form of contract between such transit instrumentality and private persons or businesses. (6.3) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commission may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder. (8) Reserved. (9) 'Motor contract carrier and motor common carrier' means as follows: (A) 'Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees

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or trustees of such persons or receivers appointed by any court used in the business of transporting persons or household goods or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. Vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8. (B) 'Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or household goods, or both, or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13, otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier. The term includes, but is not limited to, limousine carriers as defined in paragraph (5) of Code Section 46-7-85.1. (C) Except as otherwise provided in this subparagraph, the terms 'motor common carrier' and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Reserved; (vi) Reserved; (vii) Reserved; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Reserved;

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(x) Reserved; (xi) Reserved; (xii) Reserved; (xiii) Vehicles, owned or operated by the federal or state government, or by any agency, instrumentality, or political subdivision of the federal or state government, or privately owned and operated for profit or not for profit, capable of transporting not more than ten persons for hire when such vehicles are used exclusively to transport persons who are elderly, disabled, en route to receive medical care or prescription medication, or returning after receiving medical care or prescription medication. For the purpose of this division, elderly and disabled persons shall have the same meaning as in division (iv) of this subparagraph; (xiv) Reserved; or (xv) Ambulances. (10) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his or her vehicle by his or her permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (11) Reserved. (12) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (13) Reserved. (14) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15) 'Railroad corporation' or 'railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (16) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (17) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the commission.

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(18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the commission."

SECTION 19. Said title is further amended by revising Code Section 46-7-9, relating to fees, as follows:
"46-7-9. The commission shall collect the following fees pursuant to this article:
(1) A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles; (2) A fee of $150.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles; (3) A fee of $200.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles; (4) A fee of $75.00 to accompany each application for transfer of a certificate; and (5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13."

SECTION 20. Said title is further amended by revising subsection (a) of Code Section 46-7-17, relating to designation and maintenance of agents for service on nonresidence carriers, service of process, and venue, as follows:
"(a) Each nonresident motor carrier shall, before any permit is issued to it under this article or at the time of registering as required by Code Section 40-2-140, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his

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or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00."

SECTION 21. Said title is further amended by repealing Code Section 46-7-26, relating to the authority of the commissioner to promulgate rules and regulations for safety, and designating it as "Reserved."

SECTION 22. Said title is further amended by repealing Code Section 46-7-37, relating to exceptions for private carriers, and designating it as "Reserved."

SECTION 23. Said title is further amended by revising Code Section 46-7-39, relating to violations of orders and penalties, as follows:
"46-7-39. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers or any order, rule, or regulation of the Public Service Commission, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this chapter may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of Title 40."

SECTION 24. Said title is further amended by adding a new subsection to Code Section 46-7-85.5, relating to safety and mechanical inspections, as follows:
"(c) In addition to the requirements of this Code section, limousine carriers shall comply with the applicable provisions of Code Section 40-1-8."

SECTION 25. Said title is further amended by repealing Chapter 11, relating to the transportation of hazardous materials, in its entirety and designating it as "Reserved."

SECTION 26. This Act shall become effective on July 1, 2011; provided, however, that Section 10.1 of this Act shall become effective on November 1, 2011.

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

Approved May 11, 2011.

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CRIMES PUBLIC OFFICIALS; REMOVAL OF WEAPON; STUN GUN; TASER.
No. 120 (House Bill No. 123).
AN ACT
To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to clarify that provisions relating to removal or attempted removal of a weapon from a public official includes stun guns and tasers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by revising Code Section 16-10-33, relating to removal or attempted removal of a weapon from a public official and punishment therefor, as follows:
"16-10-33. (a) For the purposes of this Code section, the term 'firearm' shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge. (b) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:
(1) The other person is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the other person is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) A probation officer, or other employee with the power of arrest, by the Department of Corrections; (C) A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities.

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(c) Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. (d) A violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section."

SECTION 2. This Act shall become effective on July 1, 2011, and shall apply to offenses committed on or after such date.

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

Approved May 11, 2011.

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RETIREMENT RETIREMENT REVISER BILL.

No. 121 (House Bill No. 144).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to repeal portions of said title, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in: (1) Code Section 47-2-317, relating to membership in the retirement system of officers and employees of the Georgia Agrirama Development Authority, by repealing and reserving said obsolete Code section.

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(2) Code Section 47-23-43, relating to the preservation of prior rights under said Code section by certain attorneys employed by the Office of Legislative Counsel or the Department of Law, by revising said Code section as follows:
"47-23-43. Any person employed pursuant to Code Section 28-4-3 or 45-15-31 who was subject to the former provisions of this Code section as such existed on June 30, 2005, shall retain all rights and obligations as existed on that day. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts. Employer contributions shall be paid by the respective employers under such Code sections."

SECTION 2. In the event of an irreconcilable conflict between a provision of this Act and a provision of another Act enacted at the 2011 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict.

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 11, 2011.

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PENAL INSTITUTIONS REGISTERED SEX OFFENDERS; PHOTOGRAPHING MINORS.

No. 122 (House Bill No. 162).

AN ACT

To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the sexual offender registration review board, so as to provide that persons who are required to register on the state sexual offender registry are prohibited from photographing a minor without the permission of the minor's parent; 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 1 of Title 42 of the Official Code of Georgia Annotated, relating to the sexual offender registration review board, is amended by revising Code Section 42-1-18, relating to the definition of "photograph," photographing a minor without consent of parent or guardian prohibited, and penalty, as follows:
"42-1-18. (a) As used in this Code section, the term '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 person required to register as a sexual offender pursuant to Code Section 42-1-12 shall intentionally photograph a minor without the consent of the minor's parent or guardian. (c) Any person who knowingly violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

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 11, 2011.

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LAW ENFORCEMENT PEACE OFFICERS; INVESTIGATION OR DISCIPLINE; NOTIFICATIONS.

No. 123 (House Bill No. 203).

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 that the Georgia Peace Officers Standards and Training Council shall make certain notifications when undertaking to investigate or discipline peace officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by revising Code Section 35-8-7.1, relating to the authority of the council to refuse certificate to applicant or to discipline certified peace officer or exempt peace officer, by adding two new subsections to read as follows:
"(e) Upon initiating an investigation of a peace officer for possible disciplinary action or upon disciplining a peace officer pursuant to this Code section, the council shall notify the head of the law enforcement agency that employs such peace officer of the investigation or disciplinary action. In the case of an investigation, it shall be sufficient to identify the peace officer and state that a disciplinary investigation has been opened. Notice of the initiation of an investigation shall be sent by priority mail. If the investigation is completed without any further action, notice of the termination of such investigation shall also be provided to the head of the employing agency. In the case of disciplinary action, the notice shall identify the officer and state the nature of the disciplinary action taken. The notice of disposition shall be sent only after the action of the council is deemed final. Such notice shall be sent by priority mail. (f) If the certification of a peace officer is suspended or revoked by either the executive director or council, then the council shall notify the head of the law enforcement agency that employs the peace officer; the district attorney of the judicial circuit in which such law enforcement agency is located; and the solicitor of the state court, if any, of the county in which such law enforcement agency is located. It shall be sufficient for this notice to identify the officer and state the length of time, if known, that the officer will not have powers of arrest. Such notice shall be sent by priority mail."

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

Approved May 11, 2011.

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CRIMES MAGISTRATE COURT CONSTABLES; WEAPONS.

No. 124 (House Bill No. 266).

AN ACT

To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, concerning carrying weapons, so as to authorize constables to be able to carry weapons under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, concerning carrying weapons, is amended by revising subsection (a) as follows:
"(a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (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 attorney's 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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(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; (15) Clerks of the superior courts; and (16) Constables employed by a magistrate court of this state."

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

Approved May 11, 2011.

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MOTOR VEHICLES SECURITY INTEREST; WHEN PERFECTED.

No. 125 (House Bill No. 323).

AN ACT

To amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of a security interest in a motor vehicle, so as to change the time of perfection of a security interest; 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 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of a security interest in a motor vehicle, is amended by revising paragraph (2) of subsection (b) as follows:
"(2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 30 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."

SECTION 2. This Act shall become effective on July 1, 2011.

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

Approved May 11, 2011.

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EDUCATION EDUCATORS; INTEGRITY; ETHICS; CERTIFICATION; SCHOOL EMPLOYEE BACKGROUND CHECKS; RECORDS EXPUNGEMENT.

No. 126 (House Bill No. 285).

AN ACT

To amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide various requirements relating to the integrity and effectiveness of educators; to provide for revision of certification renewal rules; to provide for the development of a course on educator ethics; to revise provisions relating to criminal background checks on school employees; to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards for teachers, so as to revise provisions relating to expungement of records; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," is amended in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by adding a new paragraph to subsection (b) to read as follows:
"(4.1) Prior to July 1, 2015, the Professional Standards Commission shall revise its certification renewal rules established pursuant to paragraph (4) of this subsection, to require demonstration of the impact of professional learning on educator performance and student learning for purposes of certification renewal. Such revised rules shall be effective beginning July 1, 2015. As part of the revision process, the Professional Standards Commission shall establish a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning and how such evidence will be collected and submitted for purposes of certificate renewal."

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SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"20-2-207. The Georgia Department of Education and the Professional Standards Commission shall cooperatively develop an online course on educator ethics. Such course shall include information on the code of ethics for educators established by the Professional Standards Commission pursuant to Code Section 20-2-984.1. One area of emphasis in the course shall be best practices for administering state-mandated assessments."

SECTION 3. Said part is further amended by revising Code Section 20-2-211.1, relating to clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks, as follows:
"20-2-211.1. (a) As used in this Code section, the term:
(1) 'Clearance certificate' means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200. (2) 'Educator' means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit. (3) 'Local unit of administration' shall have the same meaning as in Code Section 20-2-242 and shall also include state chartered special schools and commission charter schools. (4) 'Professional educator certificate' means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200. (b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator

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certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter. (2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984, 20-2-984.2, 20-2-984.3, 20-2-984.4, and 20-2-984.5. (c) A local unit of administration shall ensure that all personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of personnel continued in employment in the local unit of administration. (d)(1) Local units of administration shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section. (e) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. (f) The Professional Standards Commission is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section."

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SECTION 4. Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards for teachers, is amended by revising paragraph (3) of Code Section 20-2-982.1, relating to definitions, as follows:
"(3) 'Expungement' means the records are destroyed pursuant to subsection (e) of Code Section 20-2-984.5 in accordance with an established records retention schedule."

SECTION 5. Said part is further amended by revising subsection (e) of Code Section 20-2-984.5, relating to preliminary investigations by the Professional Standards Commission, as follows:
"(e) If after reviewing the findings of the preliminary investigation the commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the commission's investigation and of any hearing by the commission, including all reports received pursuant to this subsection, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged."

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

Approved May 11, 2011.

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STATE GOVERNMENT OFFICE OF PLANNING AND BUDGET; SHIFT CERTAIN DUTIES TO DEPARTMENT OF ECONOMIC DEVELOPMENT.

No. 167 (House Bill No. 264).

AN ACT

To amend Part 1 of Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Council for the Arts, so as to revise certain provisions as to the power, authority, duties, and related matters of the director of the Office of Planning and Budget and the Office of Planning and Budget so that such power, authority, duties, and related matters shall now be vested in and carried out by the commissioner of economic development and the Department of Economic Development; 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. Part 1 of Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Council for the Arts, is amended by revising subsection (b) of Code Section 50-12-22, relating to appointment of members, terms, vacancies, expenses, removal, chairman, and meetings, as follows:
"(b) Members shall be entitled to reimbursement for expenses incurred in the work of the council when authorized in advance by the commissioner of economic development."

SECTION 2. Said part is further amended by revising Code Section 50-12-23, relating to powers and duties generally, as follows:
"50-12-23. The council shall advise the Governor through the Department of Economic Development concerning methods and programs to:
(1) Stimulate and encourage the study and development of the arts as well as public interest and participation therein; (2) Encourage public interest in the cultural heritage of this state; (3) Expand this state's cultural resources; (4) Encourage and assist freedom of artistic expression essential for the well-being of the arts; (5) Assist the communities and organizations within this state in originating and creating their own cultural and artistic programs; and (6) Survey public and private institutions engaged within this state in cultural activities, including, but not limited to, architecture, dance, folk arts and applied arts and crafts, literature, music, painting, photography, sculpture, and theater."

SECTION 3. Said part is further amended by revising Code Section 50-12-24, relating to the annual report, as follows:
"50-12-24. The council shall submit an annual report to the Governor and to the commissioner of economic development concerning the appropriate methods to encourage participation in and appreciation of the arts in order to meet the legitimate needs and aspirations of persons in all parts of this state."

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SECTION 4. Said part is further amended by revising Code Section 50-12-25, relating to the powers and authority of the Office of Planning and Budget as to the council, as follows:
"50-12-25. The Department of Economic Development shall have the powers and authority necessary to carry out the purposes established by this article, including, but not limited to, the powers:
(1) To establish overall policy for grant awards, evaluations, and programs recommended by the council; (2) To hold hearings, make and sign any agreements, and do and perform any acts which may be necessary, desirable, or proper to carry out the purposes of this article; (3) To request from any department, division, board, bureau, commission, or other agency of the state such reasonable assistance and data as will enable it properly to carry out its powers and duties; (4) To accept, on behalf of the state, any federal funds granted by act of Congress or by executive order for all or any of the purposes of this article; and, upon appropriation by the General Assembly, to expend such funds for the purposes set forth in the appropriations Act; (5) To accept any grants, gifts, donations, or bequests for all or any of the purposes of this article; (6) To propose methods to encourage private initiative in the arts; and (7) To advise and consult with the Governor; the General Assembly; national foundations; and other local, state, and federal departments and agencies on methods to coordinate and assist existing resources and facilities, with the purpose of fostering artistic and cultural endeavors generally."

SECTION 5. Said part is further amended by revising Code Section 50-12-26, relating to the appointment of personnel for council, as follows:
"50-12-26. The commissioner of economic development shall select and appoint such personnel as the commissioner shall determine to be necessary to support the council and the programs undertaken pursuant to this article."

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

Approved May 11, 2011.

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REVENUE HOTEL MOTEL TAX; ADDITIONAL 1 PERCENT LEVY BY MUNICIPALITY WITH 7 PERCENT LEVY.

No. 168 (House Bill No. 382).

AN ACT

To amend 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 and other purposes, so as to authorize any municipality which currently has in effect a 7 percent levy under certain provisions of that Code section to impose an additional levy under certain conditions; to provide for the manner of imposition and certain requirements as to expenditure of proceeds; to require approval of the levy by local Act of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-13-51 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 and other purposes, is amended by adding a new paragraph (7) of subsection (b) to read as follows:
"(7)(A) Any municipality which is levying an excise tax under paragraph (5) of subsection (a) of this Code section, so long as any obligation as described in division (a)(5)(A)(ii) or subparagraph (a)(5)(B) of this Code section remains outstanding, shall leave such excise tax in effect at the rate of 7 percent and may levy up to an additional 1 percent excise tax under this paragraph so long as the combined rate does not exceed 8 percent.
(B)(i) Such additional excise tax shall not be deemed to violate the provisions of subsection (d) of this Code section. (ii) Such additional excise tax shall not count toward or be subject to the 14 percent rate limitations of subsection (c.1) of Code Section 48-8-6 and subsection (d) of Code Section 48-8-201. (C) Any taxes collected in excess of 7 percent shall be expended by the municipality for the promotion of conventions and tradeshows by a not for profit destination marketing organization located within the municipality and in existence and operation on January 1, 2011, through a contract or contracts with the state, a department of state government, or a state authority. At least 80 percent of such tax amounts shall be segregated by the destination marketing organization and used in securing major

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conventions at facilities containing at least 1.3 million square feet of floor space used for convention hall purposes and events at facilities containing at least 70,000 seats used for major events under the control of a state authority, and amounts so segregated may be held by the destination marketing organization and expended in fiscal years subsequent to the fiscal year in which the taxes were collected. (D) Any municipal levy of any additional excise tax under this paragraph must be approved by local Act and shall also comply with the resolution requirements contained in paragraph (4) of this subsection in regard to the additional excise tax levied under this paragraph only. The local Act of the General Assembly shall provide that the first 7 percent in excise tax levied under the authority of paragraph (5) of subsection (a) of this Code section shall continue to be levied under that paragraph and all amounts collected thereunder shall be expended as required therein and that the additional amounts collected under the provisions of this paragraph shall be expended as required in this paragraph."

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 11, 2011.

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BANKS FINANCIAL INSTITUTIONS; DISSOLUTION; DIRECTORS; PERSONAL SERVICE; P.O.D. ACCOUNT PAYMENTS; AND NUMEROUS OTHER REVISIONS.

No. 169 (House Bill No. 239).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for definitions; to provide the Department of Banking and Finance the power to require dissolution of a financial institution; to provide for the effect of failure to maintain five members on a board of directors; to provide for service on a credit committee by a director of a credit union in certain cases; to provide for the payment

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of a P.O.D. account to an incorporated entity; to provide that certain attorneys must be licensed to practice law in Georgia; to change definitions relating to licensing of mortgage lenders and mortgage brokers; to provide for an effective date for licenses for mortgage loan originators; to change cross-references as necessary; to provide for surety bonds in certain situations; to provide for the administration of a nationwide system of licensing; to provide for confidentiality of certain information; to provide penalties for hiring persons with previous convictions in certain situations; to provide for renewal and expiration of licenses and registrations; to provide for ownership of related businesses; to provide for the investigation of applicants and educational experience; to provide for the continuation of actions; to provide for penalties per violation per day; 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 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising paragraph (35) of Code Section 7-1-4, relating to definitions, as follows:
"(35) 'Statutory capital base' means the sum of the capital stock, paid-in capital, appropriated retained earnings, and capital debt of a bank or trust company less any amount of good will, core deposit intangibles, or other intangible assets related to the purchase, acquisition, or merger of a bank charter; or accumulated deficit (negative retained earnings)."

SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 7-1-113, relating to voluntary dissolution prior commencement of business by a financial institution, as follows:
"(c) If the department determines that a financial institution has not conducted any business other than organizational business and, if articles of dissolution satisfying the requirements of this chapter are not delivered in duplicate to the department together with the filing fee as required by Code Section 7-1-862, the department may make written demand upon the financial institution to immediately provide articles of dissolution or to provide cause why such dissolution should not be pursued directly by the department. If the financial institution fails to provide articles of dissolution as required within 60 days from the date of demand by the department, the department may seek dissolution of the financial institution in organization directly from the Secretary of State's office."

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SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 7-1-482, relating to number, term, and compensation of directors, as follows:
"(a) The articles or bylaws of any bank or trust company may fix the number of directors of its policy-making board at not less than five nor more than 25 and may provide that the board may, within such limitation, increase or decrease the number of directors by not more than two in any one year, provided that nothing in this subsection shall require a bank with a board of directors of less than five on July 1, 1972, to increase its board to five members. The failure of a bank or trust company to maintain at least five directors at any time does not exculpate the remaining directors from their obligations and liabilities associated with the actions and decisions made as directors of the financial institution, nor does it in any way void any actions taken or decisions made by the board of directors during any such time that there were less than five directors."

SECTION 4. Said chapter is further amended by revising subsection (c) of Code Section 7-1-655, relating to the operation of the board of directors of credit unions, as follows:
"(c) At the organizational meeting and at its first meeting after each annual meeting of the members, the board of directors shall appoint a supervisory committee, credit committee, chairperson, president, secretary, and such other officers consistent with the bylaws as the board deems desirable. No member of the supervisory committee may serve as a member of the credit committee or as an officer, unless the board of directors functions as the credit committee as provided for in subsection (f) of Code Section 7-1-658."

SECTION 5. Said chapter is further amended by revising paragraphs (10) and (11) of Code Section 7-1-810, relating to definitions regarding multiple-party accounts, as follows:
"(10) 'P.O.D. account' means an account payable on request to one person during his or her lifetime or to an incorporated entity and on such person's death to one or more P.O.D. payees or to one or more persons during their lifetimes or to an incorporated entity and on the death of all of them or the dissolution of the incorporated entity to one or more P.O.D. payees. (11) 'P.O.D. payee' means a person or an incorporated entity designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons."

SECTION 6. Said chapter is further amended by revising paragraphs (20) and (23) of Code Section 7-1-1000, relating to definitions regarding licensing of mortgage lenders and mortgage brokers, as follows:

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"(20) 'Mortgage lender' means any person who directly or indirectly makes, originates, underwrites, holds, or purchases mortgage loans or who services mortgage loans." "(23) 'Nationwide Mortgage Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators, mortgage loan brokers, and mortgage loan lenders, or its successor."

SECTION 7. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 7-1-1001, relating to registration requirements and exemptions regarding licensing of mortgage lenders and mortgage brokers, as follows:
"(5) An attorney licensed to practice law in Georgia who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator;"

SECTION 8. Said chapter is further amended by revising subsections (a) and (b) of Code Section 7-1-1001.1, relating to licenses for mortgage loan originators, as follows:
"(a) Effective August 1, 2010, it shall be prohibited for any person to engage in the activities of a mortgage loan originator without first obtaining and maintaining a mortgage loan originator license as set forth in this article. All provisions within this article that relate to the licensing requirements and associated duties and responsibilities of mortgage loan originators shall be effective as of August 1, 2010. (b) The department shall have the broad administrative authority to administer, interpret, and enforce this article and the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and promulgate rules or regulations implementing it, in order to carry out the intentions of the federal legislation."

SECTION 9. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 7-1-1002, relating to transaction of business without a license, as follows:
"(3) In the case of an employee of a mortgage broker or mortgage lender, such person has qualified to be relieved of the necessity for a license under the employee exemption in paragraph (14) of subsection (a) of Code Section 7-1-1001;"

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SECTION 10. Said chapter is further amended by revising subsection (c) of Code Section 7-1-1003.2, relating to financial requirements for licensing and registration, as follows:
"(c) Each mortgage loan originator shall be covered by the surety bond of his or her sponsoring licensed or registered mortgage broker or lender. In the event that the mortgage loan originator is an employee of a licensed or registered mortgage broker or lender or under an exclusive written independent contractor agreement as described in paragraph (17) of Code Section 7-1-1001, the surety bond of such licensed or registered mortgage broker or lender may be used in lieu of the mortgage loan originator's surety bond requirement."

SECTION 11. Said chapter is further amended by revising Code Section 7-1-1003.5, relating to the uniform administration of an automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders, as follows:
"7-1-1003.5. (a) The department is authorized to:
(1) Participate in the Nationwide Mortgage Licensing System and Registry in order to facilitate the sharing of information and standardization of the licensing and application processes for mortgage loan originators, 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 Nationwide Mortgage Licensing System and Registry; (3) Request that the Nationwide Mortgage Licensing System and Registry 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 via the Nationwide Mortgage Licensing System and Registry applicant and licensee information, including, but not limited to, violations of this article and enforcement actions to facilitate regulatory oversight of mortgage loan originators, mortgage brokers, and mortgage lenders across state jurisdictional lines; (5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the Nationwide Mortgage Licensing System and Registry upon the department's determination that each new or amended requirement is consistent with both the public interest and the purposes of this article; and (6) Pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of the State Treasurer; provided, however, that the department may net such fees to recover the cost of participation in the Nationwide Mortgage Licensing System and Registry.

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(b) Irrespective of its participation in the Nationwide Mortgage Licensing System and Registry, the department retains full and exclusive authority over determinations whether to grant, renew, suspend, or revoke licenses issued to mortgage loan originators, mortgage brokers, and mortgage lenders under this article. Nothing in this Code section shall be construed to reduce this authority."

SECTION 12. Said chapter is further amended by revising Code Section 7-1-1003.6, relating to the confidentiality of information, as follows:
"7-1-1003.6. (a) Except as otherwise provided in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, the requirements under any federal law or Georgia state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all state and federal regulatory agencies or law enforcement authorities without the loss of privilege or the loss of confidentiality protection provided by federal or state law. (b) Information or material that is subject to privilege or confidentiality under subsection (a) of this Code section shall not be subject to:
(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or (2) Subpoena or discovery, or admission into evidence, in any private civil action unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry regarding such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person that privilege. (c) This Code section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, licensees that are included in the Nationwide Mortgage Licensing System and Registry for access by the public."

SECTION 13. Said chapter is further amended by revising subsection (c) of Code Section 7-1-1003.7, relating to approval of educational courses by the department, as follows:
"(c) The initial application shall be filed with the department along with fees established by rule, no portion of which shall be refunded or prorated. Upon receipt of an application, the department shall conduct such investigation as it deems necessary to determine that the

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applicant and the individuals who direct the affairs or establish policy for the applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (h) of Code Section 7-1-1004; that the applicant and such persons demonstrate reasonable financial responsibility; that the applicant has and maintains a registered agent for service in this state; and that the applicant and such persons are qualified by education and experience to present courses directly related to the mortgage brokering process."

SECTION 14. Said chapter is further amended by revising subsections (d), (e), (h), and (o) through (q), and adding a new subsection in Code Section 7-1-1004, relating to the investigation of applicants and educational experience by the department, as follows:
"(d) Upon receipt of an application for a mortgage loan originator license, the department shall conduct such investigation as it deems necessary to determine that the mortgage loan originator applicant:
(1) Has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation; (2) Has not been convicted of, or pleaded guilty or nolo contendere to, a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction for purposes of this subsection; (3) Has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this article; (4) Has completed the prelicensing education requirement described in subsection (e) of this Code section; and (5) Has passed a written test that meets the test requirement described in subsection (f) of this Code section. (e)(1) An individual shall complete at least 20 hours of prelicensing education courses reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. The 20 hours of prelicensing education shall include at least:
(A) Three hours of federal law and regulations; (B) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) Nothing in this subsection shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided

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by the employer of the mortgage loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity. (3) Prelicensing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (4) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this subsection for any state shall be accepted as credit towards completion of prelicensing education requirements in Georgia. (5) A person previously licensed under this article applying to be licensed again shall prove that he or she has completed all of the continuing education requirements for the year in which the license was last held." "(h) The department shall not issue or may revoke a license or registration if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant, registrant, or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant, registrant, or licensee, has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. Other than a mortgage loan originator, for the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, or an adjudication or sentence was otherwise withheld or not entered on the charge, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented, or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred or shall have received an official certification or pardon granted by the state's pardoning body in the jurisdiction where the conviction occurred. For purposes of this article, a mortgage loan originator shall be deemed to have been convicted of a crime if he or she has pleaded guilty to, been found guilty of, or entered a first offender or nolo contendere plea to a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction." "(o) The department shall not issue a license or registration to and may revoke a license or registration from a mortgage broker or mortgage lender applicant, licensee, or registrant if such person:

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(1) Has been the recipient of a final cease and desist order issued within the preceding five years if such order was based on a violation of subsection (h) of this Code section or Code Section 7-1-1002 or 7-1-1013; (2) Employs any other person against whom a final cease and desist order has been issued within the preceding five years if such order was based on a violation of subsection (h) of this Code section or Code Section 7-1-1002 or 7-1-1013; or (3) Has had his or her license revoked within five years of the date such person was hired or employs any other person who has had his or her license revoked within five years of the date such person was hired. (p) Each mortgage broker and mortgage lender applicant, licensee, and registrant shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order described in subsection (o) of this Code section. (q) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license or registration. (r) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including, but not limited to, a limited liability company."

SECTION 15. Said chapter is further amended by revising Code Section 7-1-1005, relating to the renewal and expiration of licenses and registrations, as follows:
"7-1-1005. (a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on December 31 of each year, and application for renewal shall be made annually on or before December 1 of each year. (b) Any licensee or registrant making proper application on or before December 1 for the renewal of a license or registration for the following calendar year shall be permitted to continue to operate pending final approval or disapproval of the application if the application for the license or registration is not acted upon prior to January 1. For purposes of this subsection, a 'proper application' shall include a requirement that all documentation requesting a renewal has been completed, the requisite continuing education has been successfully obtained, and payment has been made of all outstanding fines and applicable fees required by this article. (c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded.

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(d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following license year on or before December 1 and who files an application after December 1 may be required to pay, in addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department. (e) The minimum standards for license renewal for mortgage loan originators shall include:
(1) The mortgage loan originator continues to meet the minimum standards for license issuance; (2) The mortgage loan originator has satisfied the annual continuing education requirements; (3) The mortgage loan originator has paid all required fees for renewal of the license; and (4) The mortgage loan originator is in compliance with any and all written orders issued by the department. (f) The department may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry."

SECTION 16. Said chapter is further amended by revising Code Section 7-1-1008, relating to the acquisition of shares or ownership of a mortgage broker or mortgage lender, as follows:
"7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 10 percent or more of the voting shares of a corporation or 10 percent or more of the ownership of any other entity licensed or registered to conduct business as a mortgage broker or mortgage lender under this article unless it first:
(1) Files an application with the department in such form as the department may prescribe from time to time; (2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee or registrant; and (3) Pays such application fee as the department may prescribe. (b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the mortgage broker or mortgage lender licensee or registrant if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is

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extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial. (c) The provisions of this Code section shall not apply to:
(1) The acquisition of an interest in a licensee or registrant directly or indirectly, including an acquisition by merger or consolidation by or with a person licensed or registered by this article or a person exempt from this article under Code Section 7-1-1001; (2) The acquisition of an interest in a mortgage broker or mortgage lender licensee or registrant directly or indirectly, including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee or registrant; or (3) The acquisition of an interest in a mortgage broker or mortgage lender licensee or registrant by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a mortgage broker or mortgage lender licensee or registrant in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of the closing of such transaction."

SECTION 17. Said chapter is further amended by revising subsection (h) of Code Section 7-1-1017, relating to the suspension or revocation of licenses and registrations by the department, as follows:
"(h) Whenever the department initiates an administrative action against a current licensee or an applicant, the department may pursue that action to its conclusion despite the fact that a licensee may withdraw its license or fail to renew it or an applicant may withdraw its application."

SECTION 18. Said chapter is further amended by revising subsection (c) of Code Section 7-1-1018, relating to cease and desist orders, as follows:
"(c) Any person who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00 per violation per day unless otherwise agreed to by the department. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the

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matter within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90."

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Approved May 11, 2011.

__________

EDUCATION REVENUE STUDENT SCHOLARSHIP ORGANIZATIONS; REQUIREMENTS; INCOME TAX CREDIT.

No. 170 (House Bill No. 325).

AN ACT

To amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to revise provisions relating to student scholarship organizations; to revise definitions; to revise requirements on student scholarship organizations; to provide for penalties; to revise and change certain provisions regarding the qualified education income tax credit; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Chapter 2A, relating to student scholarship organizations, as follows:

"CHAPTER 2A

20-2A-1. 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 first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to

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qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first. (2) 'Qualified school or program' means a nonpublic pre-kindergarten program, primary school, or secondary school that:
(A) Is accredited or in the process of becoming 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 schools in this state. (3) 'Student scholarship organization' means a charitable organization in this state that: (A) Is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and obligates for scholarships or tuition grants at least 90 percent of its annual revenue received from donations 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 for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants; however, up to 25 percent of this amount may be carried forward for the next fiscal year. The maximum scholarship amount given by the student scholarship organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish such amount annually, no later than January 1; (2) Must maintain separate accounts for scholarship funds and operating funds; (3) Must have an independent board of directors with at least three members; (4) May transfer funds to another student scholarship organization; (5) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year verifying that it obligated for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants and provide such audit to the Department of Revenue in accordance with Code Section 20-2A-3; and (6) 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.

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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 individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; and (4) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received by each student scholarship organization pursuant to paragraphs (1) through (4) of this subsection. (b) The Department of Revenue shall not require any other information from student scholarship organizations, except as expressly authorized in this chapter. All information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization.

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 48-7-29.16 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 award. 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 (6) of Code Section 20-2A-2.

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20-2A-7. (a)(1) Any student scholarship organization that fails to comply with any requirements under this chapter shall be given written notice by the Department of Revenue of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (2) Upon failure to correct all deficiencies within 90 days, such student scholarship organization shall: (A) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6; (B) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and (C) Have all applications for preapproval of tax credits under Code Section 48-7-29.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6.
(b) Any student scholarship organization that: (1) Awards or restricts the award of a scholarship to a specific eligible student at the request of a donor; or (2) Encourages or facilitates taxpayers to engage in actions that are prohibited by law
shall be subject to paragraph (2) of subsection (a) of this Code section. (c) Any officer or director of a student scholarship organization found to have actively participated in a student scholarship organization's intentional violation of its obligations under this chapter shall be guilty of a misdemeanor."

SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by revising Code Section 48-7-29.16, relating to qualified education tax credits, as follows:
"48-7-29.16. (a) As used in this Code section, the term:
(1) '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 scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1.

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(b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows:
(1) 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. (c) A corporation or other entity 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)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 million per tax year; provided, however, that this maximum amount shall be adjusted annually until January 1, 2018, which adjustment may be based on the most recent annual percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average All Items Index, published by the Bureau of Labor Statistics of the United States Department of Labor, as determined by the department. (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 and shall provide written notice to the taxpayer and the student scholarship organization of such preapproval or denial which shall not require any signed release or notarized approval by 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 60 days after receiving notice from the department that the requested amount was preapproved. If the 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. The department shall establish a web-based donation approval process to implement 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. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section.

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(5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) 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. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. 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)(1) 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 501(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. (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 be applicable to all taxable years beginning on or after January 1, 2011.

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

Approved May 11, 2011.

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535

ELECTIONS 2012 ELECTIONS AND QUALIFYING; ADJUST DATES.

No. 171 (House Bill No. 302).

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 adjust the dates for certain elections to be held in 2012 and the dates for qualifying for such elections; 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 paragraph (2) of subsection (b) of Code Section 21-2-150, relating to the date of the general primary, as follows:
"(2) For general primaries held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the general primary shall be conducted on the last Tuesday in July."

SECTION 2. Said chapter is further amended by revising subsections (c) and (f) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, as follows:
"(c)(1) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in the case of a general primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates for political party nomination to federal and state offices in a general primary shall

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commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days immediately prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (2) If a political party has not designated at least 14 days immediately prior to the beginning of qualifying a party official in a county with whom the candidates of such party for county elective offices shall qualify, the election superintendent of the county shall qualify candidates on behalf of such party. The election superintendent shall give notice in the legal organ of the county at least three days before the beginning of qualifying giving the dates, times, and location for qualifying candidates on behalf of such political party." "(f) Candidates for the office of presidential elector or their agents who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday immediately following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, for presidential elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall commence qualifying beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate."

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

Approved May 11, 2011.

GEORGIA LAWS 2011 SESSION

537

COURTS MAGISTRATES; SENIOR MAGISTRATES; TRAINING.

No. 172 (Senate Bill No. 47).

AN ACT

To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change provisions relating to training for magistrates and senior magistrates; to change provisions relating to the composition and responsibilities of the Georgia Magistrate Courts Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by revising subsection (a) of Code Section 15-10-132, relating to the creation of the Georgia Magistrate Courts Training Council, as follows:
"(a) There shall be established a council which shall be known and designated as the 'Georgia Magistrate Courts Training Council' and which shall be composed of the director of the Administrative Office of the Courts or such director's designee, which member shall not be a voting member, and five elected or appointed magistrate judges or senior magistrates who shall be appointed by the president of the Council of Magistrate Court Judges, with approval of the council's executive committee, for terms of two years."

SECTION 2. Said chapter is further amended by revising Code Section 15-10-136, relating to the powers and duties of the Georgia Magistrate Courts Training Council, as follows:
"15-10-136. The council shall be vested with the following functions, powers, and responsibilities:
(1) To make all the necessary rules and regulations to carry out this article; (2) To prescribe the minimum of training hours to be completed by each magistrate or senior magistrate on an annual basis. Not less than 12 hours nor more than 20 hours shall be required in a calendar year; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (4) To approve schools and to prescribe minimum qualifications for instructors at approved schools;

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(5) To issue a certification to any magistrate judge satisfactorily complying with an approved training program established; (6) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and (7) To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial in-service, advanced, specialized, and continuing training courses for certification."

SECTION 3. Said chapter is further amended by revising Code Section 15-10-137, relating to training requirements for certified magistrates, as follows:
"15-10-137. (a) In order to become certified under this article, any person who becomes a magistrate on or after July 1, 1998, shall satisfactorily complete 80 hours of training specified by the council concerning the performance of his or her duties during the first two years after becoming a magistrate. (b) Any person who becomes a magistrate on or after July 1, 1998, shall complete during the initial year of service as a magistrate a program of orientation activities established by the council and conducted under the guidance and supervision of an experienced adviser or mentor magistrate or judge.
(c)(1) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete the minimum number of training hours required by the council per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge. (2) If a magistrate or senior magistrate completes training hours in excess of the number of hours required by the council, credit for the training so completed, not to exceed six hours, shall be carried over and applied to the next calendar year. (d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (a) of this Code section but shall be required to complete the mentor program of subsection (b) of this Code section within 12 months of taking office as magistrate and the annual training required by subsection (c) of this Code section, commencing with the first full calendar year following the year in which such a magistrate takes office."

SECTION 4. Said chapter is further amended by revising Code Section 15-10-223, relating to senior magistrate training, as follows:
"15-10-223. In order to maintain the status of senior magistrate, a senior magistrate shall complete the hours of training as required by the Georgia Magistrate Courts Training Council as

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provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves as a senior magistrate."

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

Approved May 12, 2011.

__________

HEALTH EMERGENCY MEDICAL SERVICE PERSONNEL; FINGERPRINT; CRIMINAL BACKGROUND CHECK.

No. 174 (Senate Bill No. 76).

AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of applicants for licensure of emergency medical services personnel; to provide definitions; to revise certain provisions relating to uncompensated trauma care provided by emergency medical services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding a new Code section to Article 3 to read as follows:
"31-11-49. As used in this article, the term:
(1) 'Center' means the Georgia Crime Information Center. (2) 'Certify' and 'certification' are synonymous with 'license' and 'licensure.' (3) 'Emergency medical services personnel' means all individuals licensed by the department under this article."

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SECTION 2. Said chapter is further amended by revising Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows:
"31-11-51. (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 plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The board shall, by regulation, authorize the department to establish procedures and standards for the licensing of emergency medical services personnel. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (c) In reviewing applicants for initial licensure of emergency medical services personnel, the department shall be authorized pursuant to this Code section to obtain conviction data with respect to such applicants for the purposes of determining the suitability of the applicant for licensure. (d) The department shall by rule or regulation establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. Upon receipt thereof, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. (e) Conviction data received by the department shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation. (f) The center, the department, or any law enforcement agency, or the employees of any such entities, shall neither be responsible for the accuracy of information provided pursuant to this Code section nor be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this Code section."

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SECTION 3. Said chapter is further amended in Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission, by revising paragraph (2) as follows:
"(2) For the first two fiscal years in which funds are appropriated to the commission for distribution, to distribute such funds in the following areas with the priority for distribution to be set by majority vote of the commission:
(A) Physician uncompensated trauma care services provided in designated trauma centers; (B) Emergency medical service uncompensated trauma care services provided to patients transported to designated trauma centers and to trauma patients transported to out-of-state hospitals as approved by the commission; (C) Uncompensated trauma care services of designated trauma centers; (D) Trauma care readiness costs for designated or certified trauma care service providers; and (E) Trauma care service start-up costs for providers seeking a trauma care designation or certification. The commission shall adopt a formula that prioritizes the distribution of state appropriated funds that may be implemented during the third state fiscal year in which funds are appropriated to the commission for distribution. Such formula shall be evaluated and modified, if needed, every two years thereafter;"

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

Approved May 12, 2011.

__________

FOOD, DRUGS, AND COSMETICS PHARMACY TECHNICIANS; EXAMINATIONS.

No. 175 (Senate Bill No. 81).

AN ACT

To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for mental and physical examinations of licensees or applicants for the practice of pharmacy and for applicants for registration as

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pharmacy technicians under certain circumstances; to provide for nondisclosure examination results under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (7) of subsection (a) of Code Section 26-4-28, relating to powers, duties, and authority of the State Board of Pharmacy, as follows:
"(7)(A) The regulation of other employees in the prescription or pharmacy department, including but not limited to the registration and regulation of pharmacy technicians. The board shall be required to establish the minimum qualifications for the registration of pharmacy technicians and shall be authorized to require the completion of a background check and criminal history record check for each person applying for registration as a pharmacy technician in this state. The certificate of registration, once issued, may be valid for no more than two years and shall be renewable biennially upon payment of a renewal fee and compliance with such other conditions as the board may establish by rule or regulation. The board shall be authorized to deny registration, to deny renewal, or to revoke or suspend the registration of a pharmacy technician for any of the grounds set forth in Code Section 26-4-60 or Code Section 43-1-19. However, said denial of a technician application, denial of the renewal of a certificate, or suspension or revocation of a technician registration shall not be considered a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but said applicant or registrant shall be entitled to an appearance before the board. The board shall be required to establish and maintain a registry of pharmacy technicians in this state which contains the name and home address of each pharmacy technician and his or her employer and location of employment. The board shall establish a process by which the pharmacist in charge of each pharmacy shall provide updated information on the pharmacy technicians in the pharmacy. The board may establish and collect fees from pharmacy technicians, their employers, or both for the registration of pharmacy technicians and maintenance of the registry.
(B)(i) In enforcing this paragraph, the board may, upon reasonable grounds, require a registrant or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a pharmacy technician in this state or who shall file an application for a certificate of registration to practice pharmacy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all

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objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a registrant or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any registrant or applicant who is prohibited from practicing as a pharmacy technician under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin practicing as a pharmacy technician with reasonable skill and safety to patients. (ii) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a registrant or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a pharmacy technician in this state or who shall file an application for a certificate of registration to practice as a pharmacy technician in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication. (iii) If any registrant or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in division (i) of this subparagraph or the records relating to the mental or physical condition of such registrant or applicant obtained pursuant to division (ii) of this subparagraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any registrant or applicant in any other type of proceeding;"

SECTION 2. Said chapter is further amended by revising paragraph (7) of subsection (a) of Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses relating to pharmacists, as follows:
"(7)(A) Becoming unfit or incompetent to practice pharmacy by reason of: (i) Intemperance in the use of alcoholic beverages, narcotics, or habit-forming drugs or stimulants; or (ii) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs, or devices or for whom he or she might manufacture, prepare, or package or supervise the manufacturing, preparation, or packaging of prescriptions, drugs, or devices.

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(B) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing pharmacy in this state or who shall file an application for a license to practice pharmacy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing pharmacy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of pharmacy with reasonable skill and safety to patients. (C) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing pharmacy in this state or who shall file an application for a license to practice pharmacy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication. (D) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (B) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (C) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;"

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

Approved May 12, 2011.

GEORGIA LAWS 2011 SESSION

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LAW ENFORCEMENT PEACE OFFICER APPLICANTS; EMPLOYMENT HISTORY.

No. 176 (Senate Bill No. 95).

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 authority to investigate the employment history of an applicant applying for appointment or certification as a peace officer; to provide immunities relating thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by revising Code Section 35-8-8, relating to the requirements for appointment or certification of persons as peace officers and pre-employment attendance at a basic training course, as follows:
"35-8-8. (a) Any person employed or certified as a peace officer shall:
(1) 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 the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation; (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 exercise of the powers or duties of a peace officer; and

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(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 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 subsection (a) of this Code section. (c)(1) For purposes of this subsection, the term 'employment related information' means written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received. (2) Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency. (3) An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or $0.25 per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency. (4) No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action, malice or bad faith shall only be demonstrated by clear and

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convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law. (5) Before taking final action on an application for employment based, in whole or in part, on any unfavorable employment related information received from a previous employer, a law enforcement agency shall inform the applicant, candidate, or peace officer that it has received such employment related information and that the applicant, candidate, or peace officer may inspect and respond in writing to such information. Upon the applicant's, candidate's, or peace officer's request, the law enforcement agency shall allow him or her to inspect the employment related information and to submit a written response to such information. The request for inspection shall be made within five business days from the date that the applicant, candidate, or peace officer is notified of the law enforcement agency's receipt of such employment related information. The inspection shall occur not later than ten business days after said notification. Any response to the employment related information shall be made by the applicant, candidate, or peace officer not later than three business days after his or her inspection. (6) Nothing contained in this Code section shall be construed so as to require any person to provide self-incriminating information or otherwise to compel any person to act in violation of his or her right guaranteed by the Fifth Amendment of the United States Constitution and Article I, Section I, Paragraph XVI of the Georgia Constitution. It shall not be a violation of this Code section for a person to fail to provide requested information based on a claim that such information is self-incriminating provided that notice of such claim is served in lieu of the requested information. An action against such person to require disclosure on the grounds that the claim of self-incrimination is not substantiated may be brought in the superior court of the county of such party's residence or where such information is located."

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, 2011.

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HIGHWAYS WEIGHT LIMITS; MULTITRIP PERMITS.

No. 177 (Senate Bill No. 54).

AN ACT

To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to provide for changes to the requirements for permits for extra weight and dimensions for loads on vehicles; to allow multitrip 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. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, is amended by revising subsection (g) of Code Section 32-6-26, relating to maximum weights for vehicles and loads, as follows:
"(g)(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not 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; (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer; or (G) Hauling poultry waste from the point of origin to a farm. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph.

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(2) A vehicle which is hauling the products listed in subparagraph (A) through (F) of paragraph (1) 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 (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, including the variance allowed by this paragraph. (3) A vehicle which is hauling the products listed in subparagraph (G) of paragraph (1) of this subsection shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 250 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. Said chapter is further amended by revising subsection (e) of Code Section 32-6-27, relating to the enforcement of load limitations, as follows:
"(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit at the closest reasonable location."

SECTION 3. Said chapter is further amended by revising paragraph (4) of subsection (a) and adding a new paragraph to subsection (b) of Code Section 32-6-28, relating to permits for extra weight and dimensions for loads on vehicles, as follows:
"(4) The application for any such permit shall describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code section. In addition, the application for a single-trip permit shall describe the points of departure and destination." "(4) Multitrip. Pursuant to this Code section, the commissioner may issue a multitrip permit to any vehicle or load allowed by federal law. A multitrip permit authorizes the permitted load to return to its original destination on the same permit, if done so within ten days, with the same vehicle configuration, and following the same route, unless otherwise specified by the department. A multitrip permit authorizes unlimited permitted

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loads on the same permit, if done so within the allowable ten days, with the same vehicle configuration, and following the same route."

SECTION 4. Said chapter is further amended in said Code section by adding a new paragraph to subsection (c), to read as follows:
"(5) Multitrip. Charges for the issuance of multitrip permits shall be $100.00 for any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this paragraph."

SECTION 5. This Act shall become effective on July 1, 2011.

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

Approved May 12, 2011.

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DOMESTIC RELATIONS CHILD SUPPORT AMOUNT; EXCLUDE FOSTER CARE PAYMENTS.

No. 178 (Senate Bill No. 115).

AN ACT

To amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining the amount of the award, continuation of duty to provide support, and the duration of the support, so as to exclude foster care payments from the calculation of gross income for determination of child support obligations; 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 the amount of the award, continuation

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of duty to provide support, and the duration of the support, is amended in paragraph (2) of subsection (f) as follows:
"(2) EXCLUSIONS FROM GROSS INCOME. Excluded from gross income are the following: (A) Child support payments received by either parent for the benefit of a child of another relationship; (B) Benefits received from means-tested public assistance programs such as, but not limited to: (i) PeachCare for Kids Program, Temporary Assistance for Needy Families Program, or similar programs in other states or territories under Title IV-A of the federal Social Security Act; (ii) Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Services; (iii) Supplemental security income received under Title XVI of the federal Social Security Act; (iv) Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and (v) Low-income heating and energy assistance program payments; (C) Foster care payments paid by the Department of Human Services or a licensed child placing agency for providing foster care to a foster child in the custody of the Department of Human Services; and (D) A nonparent custodian's gross income."

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

Approved May 12, 2011.

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GUARDIAN AND WARD LABOR WILLS AND TRUSTS GUARDIANSHIP AND TRUST TECHNICAL CORRECTIONS; CONSENT ON BEHALF OF BENEFICIARY.

No. 181 (Senate Bill No. 134).

AN ACT

To amend Title 29, Chapter 9 of Title 34, and Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to guardian and ward, workers' compensation, and trusts,

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respectively, so as make technical corrections, correct terminology, and update cross-references reflecting the enactment of the guardianship and trust codes in recent legislative sessions; to allow natural guardians of children to consent on behalf of a beneficiary if there is no conflict of interest; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (a) of Code Section 29-4-41, relating to modification of guardianship, as follows:
"(a) Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-22 and 29-4-23, or the powers of the ward, as defined in Code Sections 29-4-20 and 29-4-21, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, and the ward's conservator, if any. In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 24-5-71, relating to modification of conservatorship, as follows:
"(a) Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may modify the conservatorship by adjusting the duties or powers of the conservator, as defined in Code Sections 29-5-22 and 29-5-23, or the powers of the ward, as defined in Code 29-5-20 and 29-5-21, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the conservatorship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward's legal counsel, if any, and the ward's guardian, if any. In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both."

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SECTION 3. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (c) of Code Section 34-9-102, relating to hearing before an administrative law judge, as follows:
"(c) Authority of administrative law judge. The administrative law judge conducting the hearing shall have, in addition to all powers necessary to implement this chapter, the following powers: to administer oaths and affirmations, to issue subpoenas, to rule upon offers of proof, to regulate the course of the hearing, to set the time and place for continued hearings, to fix the time for filing briefs, to dispose of motions to dismiss for lack of board jurisdiction, to rule on requests for continuance, to add or delete parties with or without motion, to issue interlocutory orders, to rule upon or dispose of all other motions, to appoint conservators under Code Section 34-9-226, to reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the administrative law judge, and to require any party to provide the board with the name of its legal representative, if any, within 21 days from the date of the hearing notice."

SECTION 4. Said chapter is further amended by revising subsections (b) and (c) of Code Section 34-9-225, relating to effect of written receipt of widow or widower, minor, or guardian upon liability of employer, as follows:
"(b) Whenever payment in accordance with the terms of this chapter is made to any employee 18 years of age or over, the written receipt of such person shall release and discharge the employer. In cases where a person under the age of 18 years shall be entitled to receive a sum or sums amounting in the aggregate to not more than $300.00 as compensation for injuries or as a distributive share by virtue of this chapter, the father or mother as natural guardian or the legally appointed conservator of such person shall be authorized and empowered to receive such moneys for the use and benefit of such person and to receipt therefor; and the release or discharge by such father or mother as natural guardian or by the legally appointed conservator shall be in full and complete discharge of all claims or demands of such person thereunder. (c) Whenever payment of over $300.00, in accordance with the terms of this chapter, is provided for a person under 18 years of age or for a person over 18 who is physically or mentally incapable of earning, the payment shall be made to his or her duly and legally appointed conservator or to some suitable person or corporation appointed as trustee by the superior court as provided in Code Section 34-9-223; and the receipt of such conservator or such trustee shall release and discharge the employer."

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SECTION 5. Said chapter is further amended by revising Code Section 34-9-226, relating to appointment of guardian for minor or incompetent claimant, as follows:
"34-9-226. (a) Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be a conservator duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person or by a court of competent jurisdiction outside the State of Georgia. Said conservator shall be required to file with the board a copy of the conservatorship returns filed annually with the probate court or with a court of competent jurisdiction outside the State of Georgia and give notice to all parties within 30 days of any change in status. (b) The board shall have authority in and shall establish procedures for appointing temporary conservators for purposes of administering workers' compensation rights and benefits without such conservator becoming the legally qualified conservator of any other property, without such conservator's actions being approved by a court of record, and without the posting of a bond, in only the following circumstances:
(1) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board; (2) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $50,000.00; and (3) If a minor or legally incompetent person does not have a duly appointed representative or conservator, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under this chapter in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section."

SECTION 6. Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by revising paragraph (10) of Code Section 53-12-2, relating to definitions, as follows:

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"(10) 'Qualified beneficiary' means a living individual or other existing person who, on the date of determination of beneficiary status:
(A) Is a distributee or permissible distributee of trust income or principal; (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this paragraph terminated on that date without causing the trust to terminate; or (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust as defined in Code Section 53-12-170, and a person appointed to enforce a trust created for the care of an animal under Code Section 53-12-28 also has the rights of a qualified beneficiary."

SECTION 7. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 53-12-7, relating to when a trust and this chapter are in conflict, as follows:
"(5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; and"

SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"53-12-8. For purposes of this chapter, a parent may represent and bind such parent's minor child or unborn child if a conservator or guardian for the child has not been appointed and there is no conflict of interest between the parent and child."

SECTION 9. Said chapter is further amended by revising Code Section 53-12-20, relating to an express trust, as follows:
"53-12-20. (a) Except as provided in subsection (d) of this Code section, an express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization. (b) An express trust shall have, ascertainable with reasonable certainty:
(1) An intention by a settlor to create such trust; (2) Trust property; (3) Except for charitable trusts or a trust for care of an animal, a beneficiary who is reasonably ascertainable at the time of the creation of such trust or reasonably ascertainable within the period of the rule against perpetuities; (4) A trustee; and (5) Trustee duties specified in writing or provided by law.

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(c) The requirement that a trust have a reasonably ascertainable beneficiary shall be satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person. (d) In the case of a trust created pursuant to 42 U.S.C. Section 1396p(d)(4)(B) by an agent acting for the settlor, the power of attorney need not contain an express authorization to create or declare a trust."

SECTION 10. Said chapter is further amended by revising subsection (d) of Code Section 53-12-201, relating to appointment and vacancies, as follows:
"(d) If all the qualified beneficiaries are sui juris, or if some of the qualified beneficiaries are not sui juris but all have a guardian or conservator, the qualified beneficiaries may appoint a trustee by unanimous consent."

SECTION 11. Said chapter is further amended by revising paragraph (1) of Code Section 53-12-211, relating to compensation of cotrustees and successor trustees, as follows:
"(1) Each cotrustee shall be compensated as specified by the terms of the trust, as each trustee may have agreed or in accordance with a published fee schedule, and such compensation among cotrustees shall not be apportioned unless they shall agree otherwise; and"

SECTION 12. Said chapter is further amended by revising paragraph (29) of subsection (b) of Code Section 53-12-261, relating to powers of trustees, as follows:
"(29) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but, a personal representative shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements."

SECTION 13. Said chapter is further amended by revising subsection (d) of Code Section 53-12-263, relating to incorporation of powers by reference, as follows:
"(d)(1) A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); or former Code Section 53-12-40, 53-12-232, or 53-15-3 which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signs the trust instrument shall be effective notwithstanding the subsequent repeal of such statute.

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(2) A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-12-40 or 53-15-3 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232."

SECTION 14. Said chapter is further amended by revising subsection (a) of Code Section 53-12-321, relating to foreign entities acting as trustees, as follows:
"(a) Any foreign entity may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that the foreign entity is authorized to act in the fiduciary capacity in the state in which it is incorporated or organized or, if the foreign entity is a national banking association, in the state in which it has its principal place of business."

SECTION 15. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 53-12-323, relating to filing statement with the Secretary of the State and appointment of agent for service, as follows:
"(5) That it is authorized to act in a similar fiduciary capacity in the state in which it is incorporated or organized or, if it is a national banking association, in which it has its principal place of business; and"

SECTION 16. Said chapter is further amended by redesignating Article 18, relating to allocation of disbursements during administration of trust, as Part 5 of Article 17, relating to the "Georgia Principal and Income Act."

SECTION 17. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 53-12-451, relating to disbursements of principal, as follows:
"(5) Premiums paid on a policy of insurance not described in paragraph (4) of subsection (a) of Code Section 53-12-450, of which the trust is the owner and beneficiary;"

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SECTION 18. Said chapter is further amended by revising paragraph (3) of subsection (b) of Code Section 53-12-452, relating to transfers from income to principal for depreciation, as follows:
"(3) Under this Code section if the trustee is accounting under Code Section 53-12-412 for the business or activity in which the asset is used."

SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2011.

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ALCOHOLIC BEVERAGES CONSERVATION GAME AND FISH WATERS NATURAL RESOURCES; REVISE DEPARTMENT AND BOARD POWERS; GOLF COURSE ALCOHOL SALES; FEE REFUNDING; TRAVEL REIMBURSEMENT.

No. 182 (Senate Bill No. 121).

AN ACT

To make certain changes relating to the powers, duties, and authority of the Department of Natural Resources and the Board of Natural Resources; to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to provide that the Department of Natural Resources and any county or municipality operating a public golf course shall be authorized to provide for the sale of wine and distilled spirits at such golf course under certain circumstances; to amend Code Section 12-2-24, Article 2 of Chapter 5 of Title 14, Code Section 27-1-13, and Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to, respectively, powers and duties of the Board of Natural Resources, corporation commissioner, disposition of funds received by the Department of Natural Resources, appropriations, and grants and donations for natural resources conservation camps, and numbering of watercraft vessels, so as to provide for refunding of fees under certain circumstances; to amend Code Section 12-2-23

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of the Official Code of Georgia Annotated, relating to officers, meetings, quorum, compensation of members of the Board of Natural Resources, and reimbursement of members for expenses, so as to provide for travel expense reimbursement for members of the Board of Natural Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 0.5. 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 Code Section 3-8-2, relating to the sale of malt beverages at public golf courses operated by counties and municipalities, as follows:
"3-8-2. The Department of Natural Resources or any county or municipality operating a public golf course and offering food or drink for retail sale as an incident to the operation of the golf course may sell at retail malt beverages, wine, and distilled spirits by the drink as an incident to the operation of the golf course upon obtaining a retail consumption license."

SECTION 1. Code Section 12-2-23 of the Official Code of Georgia Annotated, relating to officers, meetings, quorum, compensation of members of the Board of Natural Resources, and reimbursement of members for expenses, is amended by revising subsection (d) as follows:
"(d) The members, including the chairperson, shall each receive the per diem prescribed in Code Section 45-7-21 for each day of actual attendance at meetings of the board, or any committee thereof, and shall be reimbursed for travel expenses, lodging, meals, and transportation at the same rates established in the travel regulations for state employees. The members, including the chairperson, while on committee assignment approved in advance by the chairperson, shall receive the same per diem and reimbursement of travel expenses as those authorized for attendance at meetings. Notwithstanding any other provision of this Code section, the total per diem compensation paid in any year to any member of the board shall not exceed $3,000.00. Such per diem and actual expense shall be paid from funds of the department."

SECTION 2. Code Section 12-2-24 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources, is amended by revising subsection (a) as follows:
"(a)(1) The Board of Natural Resources may make such rules and regulations as it may deem advisable to govern the work of the department and the duties of its employees under this title.

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(2) Without limiting paragraph (1) of this subsection, the board may establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled."

SECTION 3. Article 2 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporation commissioner, is amended by revising Code Section 14-5-21, relating to fees and reports, as follows:
"14-5-21. All fees collected by the Secretary of State shall be paid into the state treasury for the use of the state, and the Secretary of State shall include in his or her annual reports a full statement of all fees collected or received under Chapters 2 through 5 of this title and the disposition thereof. The Secretary of State shall be authorized to establish, by rule or regulation, a procedure by which his or her office shall refund fees collected in error or overpayment or to which the state is otherwise not entitled."

SECTION 4. Code Section 27-1-13 of the Official Code of Georgia Annotated, relating to disposition of funds received by the Department of Natural Resources, appropriations, and grants and donations for natural resources conservation camps, is amended by revising subsection (a) as follows:
"(a) All funds resulting from the operation of the department and from the administration of the laws and regulations pertaining to wildlife, excluding fines, but including all license fees and other income (except that income provided for in subsection (b) of this Code section), shall be paid into the general funds of the state treasury; and each year at least such amount shall be appropriated to the department. The board shall be authorized to establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is otherwise not entitled."

SECTION 5. Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of watercraft vessels, is amended by adding a new subsection to read as follows:
"(o) The board shall be authorized to establish, by rule or regulation, a procedure to refund fees collected pursuant to this chapter which were collected in error or overpayment or to which the department or state is otherwise not entitled."

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

Approved May 12, 2011.

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PROFESSIONS CHIROPRACTORS; SERVICES; ADJUSTMENTS.

No. 183 (Senate Bill No. 135).

AN ACT

To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide that no person other than a doctor of chiropractic may render chiropractic services, chiropractic adjustments, or chiropractic manipulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by revising Code Section 43-9-18, relating to construction of chapter, as follows:
"43-9-18. (a) No person other than a doctor of chiropractic may render chiropractic services or chiropractic adjustments. (b) Notwithstanding subsection (a) of this Code section, nothing in this chapter shall be construed to:
(1) Prohibit any other licensed health care professional from practicing within the scope of that person's license; or (2) Permit any person not licensed or authorized under this chapter to engage in the practice of chiropractic."

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

Approved May 12, 2011.

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APPEAL AND ERROR CIVIL PRACTICE DOMESTIC RELATION JURISDICTION; CHILD CUSTODY APPEALS.

No. 186 (Senate Bill No. 139).
AN ACT
To amend Article 2 of Chapter 6 of Title 5 and Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to appellate practice and grounds for the exercise of personal jurisdiction over nonresidents, so as to provide for matters relative to domestic relations cases; to provide for appeals involving nonmonetary judgments in child custody cases; to change provisions relating to judgments and ruling deemed directly appealable; to change provisions relating to cases requiring application for appeal; to clarify provisions relating to jurisdiction over nonresidents in domestic relations cases; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, by adding a new subsection to read as follows:
"(e) Where an appeal is taken pursuant to this Code section for a judgment or order granting nonmonetary relief in a child custody case, such judgment or order shall stand until reversed or modified by the reviewing court unless the trial court states otherwise in its judgment or order."
SECTION 2. Said article is further amended by revising Code Section 5-6-35, relating to cases requiring application for appeal, by adding a new subsection to read as follows:
"(k) Where an appeal is taken pursuant to this Code section for a judgment or order granting nonmonetary relief in a child custody case, such judgment or order shall stand until reversed or modified by the reviewing court unless the trial court states otherwise in its judgment or order."
SECTION 3. Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to the grounds for exercise of personal jurisdiction over nonresidents, is amended by revising paragraphs (4) through (6) as follows:

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"(4) Owns, uses, or possesses any real property situated within this state; (5) With respect to proceedings for divorce, separate maintenance, annulment, or other domestic relations action or with respect to an independent action for support of dependents, maintains a matrimonial domicile in this state at the time of the commencement of this action or if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph shall not change the residency requirement for filing an action for divorce; or (6) Has been subject to the exercise of jurisdiction of a court of this state which has resulted in an order of alimony, child custody, child support, equitable apportionment of debt, or equitable division of property if the action involves modification of such order and the moving party resides in this state or if the action involves enforcement of such order notwithstanding the domicile of the moving party."

SECTION 4. This Act shall become effective on July 1, 2011, and Sections 1 and 2 of this Act shall apply to all notices or applications for appeal filed on or after July 1, 2011.

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

Approved May 12, 2011.

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PUBLIC UTILITIES 9-1-1 SYSTEM; AUDITS; REPORTS; PREPAID WIRELESS CHARGES.

No. 187 (Senate Bill No. 156).

AN ACT

To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, so as to provide for the removal of the requirements for certain audits; to require certain reports; to provide for the comprehensive regulation of 9-1-1 charges on prepaid wireless services; to provide for imposition, collection, and distribution of such charges; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of counties, municipalities, and the state revenue commissioner; to repeal certain provisions relating to prepaid wireless service; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, is amended in Code Section 46-5-121, relating to legislative intent regarding 9-1-1 services, by adding a new subsection to read as follows:
"(e) The General Assembly further finds that the collection methodology for prepaid wireless telecommunications service should effectively capture 9-1-1 charges from prepaid users. It is the intent of the General Assembly to move the collection of existing 9-1-1 charges on prepaid wireless service to the retail point of sale."

SECTION 1.1. Said part is further amended by revising paragraph (1) of subsection (m) of Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone System Fund, records, and use of federal, state, municipal, or private funds, as follows:
"(m)(1) Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall document the amount of funds collected and expended from such charges. Any local government collecting or expending 9-1-1 funds shall certify in their audit, as required under Code Section 36-81-7, that 9-1-1 funds were expended in compliance with the expenditure requirements of this Code section."

SECTION 2. Said part is further amended by repealing in its entirety Code Section 46-5-134.2, relating to 9-1-1 charges for prepaid wireless service.

SECTION 3. Said part is further amended by adding a new Code section to read as follows:
"46-5-134.2. (a) As used in this Code section, the term:
(1) 'Commissioner' means the state revenue commissioner. (2) 'Consumer' means a person who purchases prepaid wireless telecommunications service in a retail transaction. (3) 'Department' means the Department of Revenue. (4) 'Prepaid wireless 9-1-1 charge' means the charge that is required to be collected by a seller from a consumer in the amount established under subsection (b) of this Code section. (5) 'Prepaid wireless telecommunications service' has the same meaning as prepaid wireless service as such term is defined in Code Section 46-5-122.

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(6) 'Provider' means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission. (7) 'Retail transaction' means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (8) 'Seller' means a person who sells prepaid wireless telecommunications service to another person. (9) 'Wireless telecommunications service' means commercial mobile radio service as defined by Section 20.3 of Title 47 of the Code of Federal Regulations, as amended. (b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, are authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction. Imposition of the fee authorized by this Code section by a county or municipality is contingent upon compliance with the requirements of paragraph (1) of subsection (j) of this Code section. (2) Where a county or municipality that operates a 9-1-1 public safety answering point fails to comply with the requirements of paragraph (1) of subsection (j) of this Code section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of such counties and municipalities as a state fee for state purposes. (c) Where a county or municipality imposes a 9-1-1 charge as authorized by paragraph (1) of subsection (b) of this Code section, or the 9-1-1 charge is imposed by the State of Georgia by paragraph (2) of subsection (b) of this Code section, the prepaid wireless 9-1-1 charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless 9-1-1 charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (d) For the purposes of subsection (c) of this Code section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of a prepaid wireless calling service as provided in paragraph (3) of subsection (e) of Code Section 48-8-77. (e) The prepaid wireless 9-1-1 charge shall be the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless 9-1-1 charges that the seller collects from consumers as provided in this Code section, including all such charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller. (f) The amount of the prepaid wireless 9-1-1 charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar

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document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency. (g) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. For purposes of this subsection, the term 'minimal' means an amount of service denominated as ten minutes or less, or $5.00 or less. (h) Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the commissioner at the times and in the manner provided by Chapter 8 of Title 48 with respect to the sales and use tax imposed on prepaid wireless calling service. The commissioner shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the sale of prepaid wireless calling service under Chapter 8 of Title 48. Audit and appeal procedures applicable under Chapter 8 of Title 48 shall apply to the prepaid wireless 9-1-1 charge. The commissioner shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions under Chapter 8 of Title 48. Nothing in this Code section shall authorize the commissioner to require that sellers of prepaid wireless calling services identify, report, or specify the jurisdiction within which the retail sale of such services occurred. (i) A seller shall be permitted to deduct and retain 3 percent of prepaid wireless 9-1-1 charges that are collected by the seller from consumers. (j) Prepaid wireless 9-1-1 charges remitted to the commissioner as provided in this Code section shall be distributed to counties, municipalities, and the State of Georgia as follows:
(1) On or before the December 31 of the year prior to the first year that the fee is imposed, each county and municipal corporation levying the fee, including counties and municipalities levying the fee that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, shall file with the commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which levy the prepaid wireless 9-1-1 charge authorized by this Code section. The ordinance or resolution specified herein shall specify an effective date of January 1, 2012, and impose a fee in the amount specified in paragraph (1) of subsection (b) of this Code section. The filing required by this paragraph shall be a condition of the collection of the prepaid wireless 9-1-1 charge within any county or municipality.
(2)(A) Each county or municipality operating a public safety answering point that has levied the prepaid wireless 9-1-1 charge authorized by this Code section and complied with the filing requirement of paragraph (1) of this subsection shall receive an amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending June 30 times a fraction, the numerator of which is the

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population of the jurisdiction or jurisdictions operating the public safety answering point and the denominator of which is the total population of the state. An amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending June 30 times a fraction, the numerator of which is the total population of any jurisdiction or jurisdictions operating public safety answering points that have not complied with the filing requirement of paragraph (1) of this subsection and the denominator of which is the total population of this state, shall be deposited as provided in paragraph (5) of this subsection. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the initial distribution shall be calculated using the total amount remitted to the commissioner during the six-month period beginning January 1, 2012, and ending June 30, 2012. (C) For the purposes of this paragraph, population shall be measured by the United States decennial census of 2010 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such charges by the commissioner and any official census data received by the commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the commissioner by the Office of Planning and Budget on or before August 31 of each year. (3) Funds shall be distributed annually on or before October 15 of each year. Such distribution shall include any delinquent charges actually collected by the commissioner for a previous fiscal year which have not been previously distributed. (4) Prior to calculating the distributions to county and municipal governments as provided in this subsection, the commissioner shall subtract an amount, not to exceed 2 percent of remitted charges, to defray the cost of administering and distributing funds from the prepaid wireless 9-1-1 charge. Such amount shall be paid into the general fund of the state treasury. (5) Funds distributed to a county or municipality pursuant to this Code section shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund, maintained by the local government pursuant to paragraph (2) of subsection (d) of Code Section 46-5-134. The commissioner shall deposit all funds received pursuant to paragraph (2) of subsection (b) of this Code section, other than the funds received pursuant paragraph (4) of this subsection, into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this paragraph be appropriated each year to a program of state grants to counties and municipalities administered by the department for the purpose of supporting the operations of public safety answering points in the improvement of 9-1-1

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service delivery. The department shall promulgate rules and regulations for the administration of the 9-1-1 grant program. (6) Notwithstanding a county's or municipality's failure to comply with the filing requirement of paragraph (1) of this subsection prior to January 1, 2012, a county or municipality that subsequently meets such filing requirements prior to January 1 of any subsequent year shall become eligible to participate in the next succeeding distribution of proceeds pursuant to subparagraph (A) of paragraph (2) of this subsection. (k)(1) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 9-1-1 or enhanced 9-1-1 service, or for identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9-1-1 or enhanced 9-1-1 service. (2) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state in connection with any lawful investigation or other law enforcement activity by such law enforcement officer. (3) In addition to the liability provisions of paragraphs (1) and (2) of this subsection, the provisions of Code Section 46-5-135 shall apply to sellers and providers of prepaid wireless telecommunications service. (l) The prepaid wireless 9-1-1 charge authorized by this Code section shall be the only 9-1-1 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency for 9-1-1 funding purposes upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service."

SECTION 4. (a) This section and Section 5 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval only for local administrative purposes but in no event shall a fee and charge be imposed prior to January 1, 2012. Section 3 shall become effective for all purposes on January 1, 2012. (c) Sections 1 and 2 of this Act shall become effective on January 1, 2012.

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

Approved May 12, 2011.

__________

ELECTIONS PUBLIC UTILITY CORPORATIONS; POLITICAL CONTRIBUTIONS; PUBLIC EMPLOYEES; LOBBYIST EXPENDITURE DISCLOSURE.

No. 188 (Senate Bill No. 160).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to authorize public utility corporations that are regulated by the Public Service Commission to make political campaign contributions; to provide for exceptions; to prohibit certain contributions to candidates for and members of the Public Service Commission; to provide for lobbyist disclosure reports to include certain expenditures made on behalf of or for the benefit of public employees; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by revising subsection (f) of Code Section 21-5-30, relating to contributions made to candidate or campaign committee or for recall of a public officer, as follows:
"(f)(1) For purposes of this subsection, the term: (A) 'Public utility corporation regulated by the Public Service Commission' includes, but is not limited to, an electric membership corporation. (B) 'Electric membership corporation' means a public utility corporation regulated by the Public Service Commission operating as an electric membership corporation under the provisions of Article 4 of Chapter 3 of Title 46.
(2) Except as limited by Code Section 21-5-30.1 or this subsection, a public utility corporation regulated by the Public Service Commission shall be allowed to make contributions to political campaigns. Any contributions made by a public utility

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corporation regulated by the Public Service Commission to a political campaign shall not be included as recoverable costs in any rate-making or rate-setting proceedings before the Public Service Commission. Notwithstanding the provisions of this Code section or any other provision of law to the contrary, no electric membership corporation and no nonprofit corporation, group, or association, the membership of which consists of electric membership corporations, shall be authorized to make any contribution to a political campaign. Notwithstanding the foregoing, nothing in this Code section shall be construed to prohibit a nonprofit corporation, group, or association, the membership of which consists of electric membership corporations, from establishing, administering, and soliciting contributions for a political action committee from officers, directors, employees, agents, contractors, and members of such entities so long as such actions and contributions do not otherwise violate the provisions of this chapter."

SECTION 2. Said chapter is further amended by revising Code Section 21-5-30.1, relating to contributions by regulated entities to elected executive officers or candidates, as follows:
"21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of an elected executive officer. (2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of an elected executive officer or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of an elected executive officer and any other payment or purchase made for and on behalf of the holder of the office of an elected executive officer or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source. (3) 'Elected executive officer' means the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, and members of the Public Service Commission.

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(4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Regulated entity' means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive officer, any person who leases property owned by or for a state department, any person who engages in a business or profession which is regulated by an elected executive officer or by a board under the jurisdiction of an elected executive officer, or any public utility corporation regulated by the Public Service Commission. For purposes of this paragraph, public utility corporation regulated by the Public Service Commission shall have the same meaning as provided by subsection (f) of Code Section 21-5-30. (b) No regulated entity and no person or political action committee acting on behalf of a regulated entity shall make a contribution to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate. (c) No person holding office as an elected executive officer and no candidate for the office of an elected executive officer and no campaign committee of a candidate for the office of an elected executive officer shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate; provided, however, that: (1) The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; and (2) It shall be unlawful for any regulated entity or elected executive officer to require another by coercive action to make any such contribution."

SECTION 3. Said chapter is further amended in Code Section 21-5-70, relating to definitions applicable to regulation of lobbying, by revising the introductory language and subparagraphs (A) and (B) of paragraph (1) as follows:

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"(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;"

SECTION 4. Said chapter is further amended in Code Section 21-5-73, relating to lobbyist expenditure disclosure reports, by revising the introductory language and paragraph (1) of subsection (e) as follows:
"(e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such expenditure. The description of each reported expenditure shall include: (A) The name and title of the public officer or public employee or, if the expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the expenditure was made;"

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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, 2011.

__________

DOMESTIC RELATIONS ADOPTION PLACEMENT; HOME STUDY; EVALUATORS; RIGHTS TERMINATION; HEARINGS; RECORDS; FORMS.

No. 189 (Senate Bill No. 172).

AN ACT

To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to require a home study by an evaluator prior to the placement of a child into the home of adoptive parents by a third party who is neither a stepparent nor a relative and for such study to recommend placement; to provide for definitions; to change certain provisions relating to surrender or termination of parental or guardian's rights where a child is to be adopted by a third party; to change provisions relating to the filing and contents of a petition for adoption; to change provisions relating to the timing of an adoption hearing, the required records, and filing; to change certain provisions relating to the examination of adoption records; to change the contents of the form used for surrender of rights for adoption; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by revising Code Section 19-8-1, relating to definitions, by adding three new paragraphs to read as follows:
"(4.1) 'Evaluator' means the person or agency that conducts a home study. An evaluator shall be a licensed child-placing agency, the department, or a licensed professional with at least two years of adoption related professional experience, including a licensed

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clinical social worker, licensed master social worker, licensed marriage and family therapist, or licensed professional counselor; provided, however, that where none of the foregoing evaluators are available, the court may appoint a guardian ad litem or court appointed special advocate to conduct the home study." "(5.1) 'Home study' means an evaluation by an evaluator of the petitioner's home environment for the purpose of determining the suitability of the environment as a prospective adoptive home for a child. Such evaluation shall consider the petitioner's physical health, emotional maturity, financial circumstances, family, and social background and shall conform to the rules and regulations established by the department for child-placing agencies for adoption home studies. (5.2) 'Home study report' means the written report generated as a result of the home study."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where a child is to be adopted by a third party, as follows:
"(a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted by a third party who is neither the stepparent nor relative of that child, as described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each such living parent and each such guardian has voluntarily and in writing surrendered all of his or her rights to such child to that third party for the purpose of enabling that third party to adopt such child. Except as provided in subsection (m) of this Code section, no child shall be placed with a third party for purposes of adoption unless prior to the date of placement a home study shall have been completed, and the home study report recommends placement of a child in such third party's home."

SECTION 3. Said chapter is further amended by adding new subsections to Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where a child is to be adopted by a third party, to read as follows:
"(m) If the home study for a third-party adoption has not occurred prior to the date of placement, then the third party shall, at the time of the filing of the petition for adoption, file a motion with the court seeking an order authorizing placement of such child prior to the completion of the home study. Such motion shall identify the evaluator that the petitioner has selected to perform the home study. The court may waive the requirement of a preplacement home study in cases when a child to be adopted already resides in the prospective adoptive home pursuant to a court order of guardianship, testamentary guardianship, or custody. (n) The court may grant the motion for placement prior to the completion of a home study if the court finds that such placement is in the best interest of the child.

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(o) If the court grants the motion for placement prior to the completion of a home study and authorizes placement of a child prior to the completion of the home study, then:
(1) Such child shall be permitted to remain in the home of the third party with whom the parent or guardian placed such child pending further order of the court; (2) A copy of the order authorizing placement of such child prior to the completion of the home study shall be delivered to the department and the evaluator selected to perform the home study by the clerk of the court within 15 days of the date of the entry of such order; and (3) The home study, if not already in process, shall be initiated by the evaluator selected by the petitioner or appointed by the court within ten days of such evaluator's receipt of the court's order."

SECTION 4. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 19-8-13, relating to the filing and content of the petition, as follows:
"(3) Where the adoption is pursuant to subsection (a) of Code Section 19-8-5, the following shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of each parent or guardian specified in subsection (e) of Code Section 19-8-5; (B) The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-5; (C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-5; (D) Allegations of compliance with Code Section 19-8-12; (E) Allegations of compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; (F) The accounting required by subsection (c) of this Code section; (G) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship or custody of the child, the marriage of each petitioner, the divorce or death of each parent of the child, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; (H) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department; and (I) A copy of the home study report."

SECTION 5. Said chapter is further amended by revising subsections (f) and (g) of Code Section 19-8-14, relating to timing of adoption hearing, required records, and filing, as follows:
"(f) The court in the child's best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, a home study, and reports or for other good cause shown.

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(g) Copies of the petition and all documents filed in connection therewith, including, but not limited to, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter, shall be forwarded by the clerk to the department within 15 days after the date of the filing of the petition for adoption."

SECTION 6. Said chapter is further amended by revising subsection (d) of Code Section 19-8-23, relating to where records of adoption are kept, examination of adoption records by parties and attorneys, and use of information by agency and department, as follows:
"(d)(1) Upon the request of a party at interest in the adoption, a child, legal guardian, or health care agent of an adopted person or a provider of medical services to such a party, child, legal guardian, or health care agent when certain information would assist in the provision of medical care, a medical emergency, or medical diagnosis or treatment, the department or child-placing agency shall access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical and health history information contained in its records pertaining to an adopted person or the biological parents or relatives of the biological parents of the adopted person. For purposes of this paragraph, the term 'health care agent' has the meaning provided by Code Section 31-32-2. (2) Upon receipt by the State Adoption Unit of the Division of Family and Children Services of the department or by a child-placing agency of documented medical information relevant to an adoptee, the office or child-placing agency shall use reasonable efforts to contact the adoptive parents of the adoptee if the adoptee is under 18 years of age or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adoptee. The office or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adoptee."

SECTION 7. Said chapter is further amended by revising subsection (c) of Code Section 19-8-26, relating to how surrender of parental rights executed, how and when surrender may be withdrawn, and forms, as follows:
"(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:

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SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN:

This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
______________ I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED that each such person is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows:
(Mark one of the following as chosen) ____ I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or ____ I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or ____ I surrender the child to the Department of Human Services, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and (insert name of

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designated licensed child-placing agency) or the Department of Human Services may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Services and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an evaluator is required to conduct and provide to the court a home study and make recommendations to the court regarding the qualification of each person named above to adopt a child concerning the circumstances of placement of my child for adoption. I hereby agree to cooperate fully with such investigations. Furthermore, I understand that under Georgia law, an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child, and I hereby agree to cooperate fully with such agent in the conduct of this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; provided, however, that if the tenth day falls on a Saturday, Sunday, or legal holiday, then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal this ______ day of ______________, ____.

__________________ Unofficial witness Sworn to and subscribed before me this ______ day of ______________, ____.

______________(SEAL) (Parent or guardian)

_______________________ Notary public (SEAL) My commission expires ______________."

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SECTION 8. This Act shall become effective on July 1, 2011, and shall apply to all placements of children for adoption and all petitions for adoption filed on or after that date.

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

Approved May 12, 2011.

__________

EDUCATION EARLY CARE AND EDUCATION PROGRAMS; EMERGENCY CLOSURE.

No. 190 (Senate Bill No. 185).

AN ACT

To amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to provide for emergency closure of an early care and education program upon the death of a minor or under certain circumstances; to revise definitions; to provide for certain procedures; to provide for hearings; to provide for contesting a closure; 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 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by revising Code Section 20-1A-13, relating to the emergency placement of monitors in early care and education programs, as follows:
"20-1A-13. (a) As used in this Code section, the term:
(1) 'Emergency order' or 'order' means a written directive by the commissioner or the commissioner's designee placing a monitor in an early care and education program or providing notice of intended emergency closure of an early care and education program. (2) 'Monitor' means a person designated by the department to remain on site in a program as an agent of the department, observing conditions. (3) 'Preliminary hearing' means a hearing held by the Office of State Administrative Hearings as soon as possible after the order is entered at the request of a program which has been affected by an emergency order placing a monitor in the program or upon notice

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of intended emergency closure of a program in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b)(1) The commissioner or his or her designee may order the emergency placement of a monitor or monitors in an early care and education program upon a finding that rules and regulations of the department are being violated which threaten the health, safety, or welfare of children in the care of the program and when one or more of the following conditions are present:
(A) The program is operating without a license, commission, or registration; (B) The department has denied application for license, registration, or commission or has initiated action to revoke the existing license, registration, or commission of the program; or (C) Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger. (2) A monitor may be placed in a program for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative or child-caring responsibility within the program, nor shall the monitor be liable for any actions of the program. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a program shall be reimbursed to the department by the program, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. (c)(1) The commissioner or his or her designee may issue an order providing notice of intended emergency closure of an early care and education program: (A) Upon the death of a minor at such program, unless such death was medically anticipated or no serious rule violations related to the death by the program were determined by the department; or (B) Where a child's safety or welfare is in imminent danger. (2) If a preliminary hearing is not requested pursuant to subsection (f) of this Code section, the commissioner shall immediately close such program for a period of not more than 21 days. If a preliminary hearing is requested pursuant to subsection (f) of this Code section, the commissioner may place a monitor in the program until the Office of Administrative Hearings issues a decision, which shall be considered the final decision of the agency, on the emergency closure. If the Office of Administrative Hearings finds that the emergency closure is warranted, the commissioner shall immediately close such program for a period of not more than 21 days. If the Office of Administrative Hearings finds that the emergency closure is not warranted, the commissioner shall not order the

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emergency closure of the program, but may continue investigating the incident and may place a monitor in the program in accordance with this Code section. (3) Upon a closure, the program shall be required to immediately notify the parent or guardian of each child enrolled in the program. Upon a closure, the commissioner or his or her designee shall immediately conduct a review into the circumstances of the minor's death or the circumstances where a child's safety or welfare is in imminent danger. If the commissioner determines that the program where such minor's death occurred or where imminent danger exists fails to meet the specifications and requirements of this chapter, the commissioner shall immediately revoke such program's license in accordance with subsection (o) of Code Section 20-1A-10. The program shall have the right to appeal the revocation in accordance with subsection (o) of Code Section 20-1A-10; provided, however, that the program shall remain closed until the appeal decision is issued. If the commissioner determines that the administration or conditions of the program were not the cause of the minor's death or that a child's safety and welfare is not in imminent danger or if the department has not issued a revocation notice within the initial closure period, the commissioner shall immediately reopen the program for its continued operation. (d) An emergency order shall contain the following: (1) The scope of the order; (2) The reasons for the issuance of the order; (3) The effective date of the order if other than the date the order is issued; (4) The person to whom questions regarding the order are to be addressed; and (5) Notice of the right to a preliminary hearing. (e) Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order. (f) A request for a preliminary hearing shall be made in writing within 48 hours from the time of service, excepting weekends. The request shall be made to the representative of the department designated in the order and may be made in person, by facsimile, by e-mail, or by any other means designated in the order. (g) Upon receipt of a request for a preliminary hearing, the department shall immediately forward the request to the Office of State Administrative Hearings, which shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 48 hours after such request, provided that a program may request that such hearing be held earlier and that in no event shall a hearing be held on a weekend or holiday. (h) If a hearing is requested, the preliminary hearing shall consist of a review of all oral and written evidence introduced at the hearing and any arguments made. A recording shall be made of the hearing.

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(i) The Office of State Administrative Hearings shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within two business days after the close of the hearing. (j) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or the commissioner's designee. (k) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force."

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

Approved May 12, 2011.

__________

PUBLIC UTILITIES STOCKS, BONDS, DEBT ISSUANCE; PUBLIC SERVICE COMMISSION REGULATED COMPANIES.

No. 191 (House Bill No. 116).

AN ACT

To amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to the procedure for issuance of stocks, bonds, notes, or other debt by companies under the Public Service Commission's jurisdiction, so as to provide for exemption from those procedures 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. Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to the procedure for issuance of stocks, bonds, notes, or other debt by companies under the Public Service Commission's jurisdiction, is amended by adding a new subsection to read as follows:
"(g) Notwithstanding any other provision of this Code section or any other provision of law, local exchange companies as defined in paragraph (10) of Code Section 46-5-162 under the commission's jurisdiction shall be exempt from the provisions of this Code section, if the stocks, bonds, notes, or other evidences of debt are issued as part of a debt transaction that is an interstate transaction, as evidenced by the following:

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(1) The local exchange company is a wholly owned subsidiary of a parent company headquartered or domiciled outside of this state; (2) The debt transaction is by and between the parent company, the primary obligor, and a national bank or other lending or financial institution licensed or authorized to enter into such debt transaction by any state or federal agency; and (3) The local exchange company is issuing stocks, bonds, notes, or other evidences of debt for the purpose of providing collateral or other security to the lending or financial institution in order to accommodate the debt transaction of a parent company or other entity."

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, 2011.

__________

HIGHWAYS INSURANCE LOCAL GOVERNMENT MOTOR VEHICLES DEPARTMENT OF TRANSPORTATION; REVISE DUTIES AND POWERS.

No. 192 (House Bill No. 137).

AN ACT

To amend provisions of the Official Code of Georgia Annotated, relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change definitions; to clarify the duties of the treasurer; to clarify the term of the planning director and eliminate the bonding requirement; to remove the requirement of including the ZIP Code designation on official maps and lists; to clarify procedures for removing asbestos pipe for utility facilities; to allow counties and cities to send updated information to the department using digital files; to limit liability of law enforcement officers and the department during periods of emergencies; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt the department from having to provide accident reports in certain situations; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require

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cities to include certain information in annexation reports; to provide that the department is not required to obtain cemetery redevelopment permits except in certain instances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that designees of the department may charge for accident reports; to request electronic submission of certain accident reports by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising paragraphs (24) and (30) of Code Section 32-1-3, relating to definitions, as follows:
"(24) 'Public road' means a highway, road, street, avenue, toll road, tollway, drive, detour, or other way that either is open to the public or has been acquired as right of way, and is intended to be used for enjoyment by the public and for the passage of vehicles in any county or municipality of Georgia, including but not limited to the following public rights, structures, sidewalks, facilities, and appurtenances incidental to the construction, maintenance, and enjoyment of such rights of way:
(A) Surface, shoulders, and sides; (B) Bridges; (C) Causeways; (D) Viaducts; (E) Ferries; (F) Overpasses; (G) Underpasses; (H) Railroad grade crossings; (I) Tunnels; (J) Signs, signals, markings, or other traffic control devices; (K) Buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of such ways or research pertaining thereto; (L) Wayside parks; (M) Parking facilities; (N) Drainage ditches; (O) Canals and culverts; (P) Rest areas; (Q) Truck-weighing stations or check points; and (R) Scenic easements and easements of light, air, view, and access."

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"(30) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph."

SECTION 2. Said title is further amended by revising subsection (c) of Code Section 32-2-42, relating to the appointment and responsibilities of the deputy commissioner, chief engineer, treasurer, and assistant treasurer, as follows:
"(c) The commissioner shall appoint a treasurer of the department to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, to adjust for additional appropriations or balances brought forward from previous years with the prior approval of the Office of Planning and Budget, and to perform such other duties as may be required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 32-2-43, relating to the appointment and responsibilities of the director of planning, as follows:
"(a) There shall be a director of planning appointed by the Governor subject to approval by a majority vote of both the House Transportation Committee and the Senate Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. If the Governor's term expires and the incoming Governor has not made an appointment, the current director of planning may serve until a replacement is appointed by the incoming Governor and confirmed by the House and Senate Transportation Committees."

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SECTION 4. Said title is further amended by revising paragraph (2) of subsection (a) and by adding a new subsection to Code Section 32-4-2, relating to the official map of public roads and records pertaining thereto, as follows:
"(2)(A) The department shall prepare an official list of all portions or features of the state highway system, including without limitation public roads, bridges, or interchanges, which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board. The department shall update the list to reflect any additions or changes as soon as is reasonably possible; and such list, as periodically revised, shall be open for public inspection. For each such named portion or feature of the state highway system, the list shall specify without limitation the official name; the state highway system route number; the name of each county wherein the named portion or feature is located; a citation to the Act or resolution of the General Assembly or the resolution of the State Transportation Board officially naming such portion or feature; and a brief biographical, historical, or other relevant description of the person, place, event, or thing commemorated by such naming. (B) The department may contract with a state historical society to make such list available in electronic format free of charge to Internet users, provided that any web page providing such list pursuant to this subparagraph shall be searchable without limitation by county name." "(g) For purposes of this chapter, state maps and written records shall only be maintained on public roads which are open to public travel."

SECTION 5. Said title is further amended by revising Code Section 32-4-4, relating to removal of asbestos pipe from utility facilities, as follows:
"32-4-4. (a) As used in this Code section, the term 'entity' means a county, a municipality, a consolidated government, or a local authority. (b) Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such facility exists in the public rights of way of any highway, road, or street authorized pursuant to this title, and the entity determines that such facility should no longer be utilized, the entity that owns and operates the utility facility shall file a notice of abandonment with the department if the facility is located upon the public rights of way under the authority of the department. Upon abandonment, the entity shall have the discretion to:
(1) Remove and dispose of the asbestos pipe in accordance with federal laws and regulations; (2) Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or (3) Allow the pipe to remain undisturbed in the ground and take no further action.

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(c) At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable. (d) The entity shall not relinquish the ownership of said facility as stated in subsection (h) of Code Section 25-9-7 and Code Section 32-6-174. The facility shall be deemed abandoned and out of service."

SECTION 6. Said title is further amended by revising paragraph (4) of Code Section 32-4-41, relating to the duties of a county with respect to the county road system, as follows:
"(4) A county shall keep on file in the office of the county clerk, available for public inspection, the map of the county road system prepared by the department as provided for in subsection (a) of Code Section 32-4-2. In addition to keeping on file a map of the county road system, the county shall notify the department within three months after a county road is added to the local road or street system and shall further notify the department within three months after a local road or street has been abandoned. This notification shall be accompanied by an appropriate digital file, map, or plat depicting the location of the new or abandoned road;"

SECTION 7. Said title is further amended by revising subsection (b) of Code Section 32-4-91, relating to the construction and maintenance of municipal street systems, as follows:
"(b) A municipality shall notify the department within three months after a municipal street is added to the municipal street system and shall further notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by an appropriate digital file, map, or plat depicting the location of the new or abandoned street."

SECTION 8. Said title is further amended by adding a new Code section to read as follows:
"32-6-4. State or local law enforcement officers, including fire department officials, and the department are authorized, upon the issuance of an executive order by the Governor declaring a state of emergency, with or without the consent of the owner, to remove or have removed any natural or manmade obstruction, cargo, or other personal property which is abandoned, unattended, or damaged and the law enforcement officer or the department determines such object to be a threat to public health or safety or to be contributing to traffic congestion. Any person, contractor, towing service, or other entity that is removing an obstruction, cargo, or other personal property pursuant to the instruction of a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or the department, and under the provisions of this Code section, shall be liable for damage or

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harm at the location where the obstruction, cargo, or other personal property was left abandoned or unattended, only when the person, contractor, towing service, or other entity was grossly negligent in the performance of his or her assigned duties; provided, however, nothing in this Code section shall limit liability for any damage or harm caused at a location different from the location where the obstruction, cargo, or other personal property was left abandoned or unattended."

SECTION 9. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (c) of Code Section 33-24-53, relating to the prohibition of compensation for referrals to attorneys, as follows:
"(c) With respect to a motor vehicle accident, no employee of any law enforcement agency or the Department of Transportation shall allow any person, including an attorney, health care provider, or their agents, to examine or obtain a copy of any accident report or related investigative report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request any law enforcement agency or the Department of Transportation to permit examination or to furnish a copy of any such report for commercial solicitation purposes. For purposes of this subsection, a request to examine or obtain a copy of a report is for 'commercial solicitation purposes' if made at a time when there is no relationship between the person or his or her principal requesting the report and any party to the accident, and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. All persons, except law enforcement personnel and persons named in the report shall be required to submit a separate written request to the law enforcement agency or the Department of Transportation for each report. Such written request shall state the requestor's name, address, and the intended use of the report in sufficient detail that the law enforcement agency or the Department of Transportation may ascertain that the intended use is not for commercial solicitation purposes. The law enforcement agency or the Department of Transportation shall file each written request with the original report. No person shall knowingly make any false statement in any such written request."

SECTION 10. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsections (a) and (b) of Code Section 36-36-3, relating to property annexed by municipalities, as follows:
"(a) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall file a report identifying any property annexed with the Department of Community Affairs and with the county governing authority of the county in which the property being annexed is located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the

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annexation becomes effective but may be filed more frequently. Each report shall include the following:
(1) The legal authority under which the annexation was accomplished, which shall be the ordinance or resolution number for any annexation effected pursuant to Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act of the General Assembly; (2) The name of the county in which the property being annexed is located; the total acreage annexed; the enactment date and effective date of the annexation ordinance, resolution, or local Act of the General Assembly; (3) A letter from the governing authority of any municipality annexing property stating their intent to add the annexed area to maps provided by the United States Bureau of the Census during their next regularly scheduled boundary and annexation survey of the municipality and stating that the survey and map will be completed as instructed and returned to the United States Bureau of the Census; and (4) A list identifying roadways, bridges, and rights of way on state routes that are annexed and, if necessary, the total mileage annexed. (b) The submission of a report required under subsection (a) of this Code section shall be made in writing and may also be made in electronic format to the Department of Community Affairs and to others as required, at the discretion of the submitting municipality."

SECTION 11. Said title is further amended by adding a new subsection to Code Section 36-72-14, relating to a permit for development of land on which a cemetery is located, as follows:
"(c) The provisions of this chapter notwithstanding, the Department of Transportation shall not be required to obtain a permit under this chapter unless human remains are to be relocated; provided, however, that the department shall be required to obtain an archaeologist's report, pursuant to paragraph (2) of Code Section 36-72-5, confirming the absence of human remains on the affected property."

SECTION 12. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-9-30, relating to fees for copies of accident reports, as follows:
"40-9-30. The Department of Transportation, or its third-party designee, shall charge a fee of $5.00 for each copy of any accident report received and maintained by that department or its designee pursuant to Code Section 40-6-273."

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SECTION 13. Said title is further amended by revising Code Section 40-9-31, relating to submission of accident reports, as follows:
"40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any law enforcement agency that transmits the data by electronic means must transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term 'nonproprietary' shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency. The Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section."

SECTION 14. This Act shall become effective on July 1, 2011.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2011.

__________

ELECTIONS REVISER BILL.

No. 193 (House Bill No. 143).

AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of

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the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-2-225, relating to confidentiality of original voter registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State, by replacing "of this state, agencies of other states and" with "of this state, to agencies of other states and" in subsection (b). (2) Code Section 21-2-386, relating to 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 "electronic mail," with "e-mail," in paragraph (6) of subsection (a). (3) Code Section 21-5-6, relating to the powers and duties of the Georgia Government Transparency and Campaign Finance Commission, by replacing "the Georgia Administrative Procedure Act';" with "the 'Georgia Administrative Procedure Act';" at the end of subparagraph (b)(10)(B). (4) Code Section 21-5-34, relating to campaign contribution disclosure reports, by replacing "provided, however," with "provided, however, that" in paragraph (1) of subsection (k).

SECTION 2. In the event of an irreconcilable conflict between a provision of this Act and a provision of another Act enacted at the 2011 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict.

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, 2011.

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PROFESSIONS PHYSICAL THERAPY; DRY NEEDLING.

No. 194 (House Bill No. 145).

AN ACT

To amend Code Section 43-33-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Physical Therapy Act"; 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. Code Section 43-33-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Physical Therapy Act," is amended by revising paragraph (7) as follows:
"(7) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes, including but not limited to dry needling; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain."

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

Approved May 12, 2011.

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PUBLIC OFFICERS SPENCER PASS LAW; INDEMINIFICATION.

No. 195 (House Bill No. 156).

AN ACT

To amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment for indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relative to the indemnification of injured state highway employees; to honor and provide for state highway safety employees injured or killed in the line of duty; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to dedicate the Georgia Move-Over law in memory of Spencer Pass, a HERO operator with the Georgia Department of Transportation who was tragically killed in the line of duty; to provide for the intent and authority of the General Assembly; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, is amended by revising Code Section 40-6-16, relating to procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, by adding a new subsection (a), by redesignating subsections (a) through (c) as subsections (b) through (d), respectively, and by amending the newly designated subsection (d) as follows:
"(a) This Code section shall be known and may be cited as the 'Spencer Pass Law.'" "(d) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00."

SECTION 1.1. Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment for indemnification for death or disability, procedure for making of payments, and appeal, is amended by revising subsection (a) as follows:
"(a) Indemnification shall be paid under this article as follows: (1) 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, state highway employee, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a

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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 total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, 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; or (3) 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, state highway employee, 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."

SECTION 2. (a) It is the intent of the General Assembly that the revised indemnification amounts for state highway employees shall be applicable to all incidents involving state highway employees occurring on or after January 1, 2011. (b) The retroactive application of these changes with regard to state highway employees is based on the authority of Ga. Laws 2000, p. 2007, Section 1, adding Article III, Section VI, Paragraph VI(g) of the Georgia Constitution.

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

Approved May 12, 2011.

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INSURANCE INSURANCE DELIVERY ENHANCEMENT ACT OF 2011.

No. 196 (House Bill No. 167).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes in the definitions of the terms "group accident and sickness insurance" and "true association"; to provide a short title; to provide certain definitions; to include plan administrators in prompt pay requirements; to provide for penalties; 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. This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2011."

SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 33-30-1, relating to the definition of "group accident and sickness insurance" and "true association," as follows:
"(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least ten members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than ten employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;"

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SECTION 3. Said title is further amended by revising subparagraph (a)(7)(A) of said Code Section 33-30-1 as follows:
"(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service Form 1099, and their spouses or dependents. The term shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement."

SECTION 4. Said title is further amended by revising Code Section 33-23-100, relating to the definition of administrator, as follows:
"33-23-100. (a) As used in this article, the term:
(1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; or provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of a single or multiple employer self-insurance health plan or a self-insured municipality or other political subdivision. Licensure is also required for administrators who act on behalf of self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Standard financial quarter' means a three-month period ending on March 31, June 30, September 30, or December 31 of any calendar year. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure so long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state;

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(4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided that such company does not adjust or settle claims; (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) An insurance company licensed in this state or its affiliate if such insurance company or its affiliate is solely administering limited benefit insurance. For the purpose of this paragraph, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance and specifically shall include accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease insurance; or (13) An association that administers workers' compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. An administrator claiming an exemption pursuant to paragraphs (3) and (4) of subsection (b) of this Code section shall be subject to the provisions of Code Sections 33-24-59.5 and 33-24-59.14. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title. (e) Obtaining a license as an administrator subjects the applicant to the provisions of Code Sections 33-24-59.5 and 33-24-59.14.

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(f) An administrator shall be subject to Code Sections 33-24-59.5 and 33-24-59.14 unless the administrator provides sufficient evidence that the self-insured health plan failed to properly fund the plan to allow the administrator to pay any outside claim."

SECTION 5. Said title is further amended by revising Code Section 33-24-59.5, relating to timely payment of health benefits, as follows:
"33-24-59.5. (a) As used in this Code section, the term:
(1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan or self-insured plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers' compensation. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the insured or other person claiming payments under the plan payment for such benefits or a letter or electronic notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within

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which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator."

SECTION 6. Said title is further amended in Article 1 of Chapter 24, relating to general provisions concerning insurance, by adding a new Code section to read as follows:
"33-24-59.14. (a) As used in this Code section, the term:
(1) 'Administrator' shall have the same meaning as provided in Code Section 33-23-100. (2) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. (3) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (4) 'Health benefit plan' shall have the same meaning as provided in Code Section 33-24-59.5. (5) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (6) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (b)(1) All benefits under a health benefit plan will be payable by the insurer or administrator which is obligated to finance or deliver health care services or process claims under that plan upon such insurer's or administrator's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer or administrator shall within 15 working days for electronic claims or 30

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calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer or administrator may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer or administrator disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer or administrator in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer or administrator, the insurer or administrator shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's or administrator's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer or administrator shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer or administrator may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer or administrator processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator. (f) This Code section shall not apply to limited benefit insurance policies. For the purpose of this subsection, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance and specifically shall include accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease insurance."

SECTION 7. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2011. (b) Sections 4, 5, and 6 of this Act shall become effective January 1, 2013.

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

Approved May 12, 2011.

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HIGHWAYS OUTDOOR SIGNS; REMOVE TREES OR VEGETATION.

No. 197 (House Bill No. 179).

AN ACT

To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to modify the procedures whereby owners of legally erected and maintained signs obtain and renew permits for the installation of signs; to change certain conditions relating to permits to remove vegetation from the viewing zones of outdoor signs; to provide for related matters; to provide for severability; to provide for the Department of Transportation to promulgate forms and policies; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by revising subsection (a) of Code Section 32-6-74, relating to applications for permits for outdoor advertising signs, as follows:
"(a) Applications for permits authorized by subsections (a) through (d) of Code Section 32-6-79 shall be made to the department upon forms prescribed by the department. The applications shall contain the signature of the applicant and such other information as may be required by the department and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for and shall be valid only if the sign is erected and maintained in accordance with this part during the 12 month period next following the date of issuance. As to permits for the initial erection of an outdoor advertising sign, one 12 month extension may be granted so long as a written request is submitted to the department at least 30 days prior to expiration along with a fee of $35.00. Any denial of an extension request shall be sent to the applicant before the expiration date and shall state the basis for denial. Multiple extensions shall not be granted as to the same permit, and the applicant shall not be allowed to reapply for the

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same site until the extension has expired; however, modifications to the application which do not extend the term of the permit shall be allowed. There shall be an initial outdoor advertising permit fee and an annual renewal fee. On and after July 1, 2011, the outdoor advertising application fee shall be $300.00, and the renewal fee for each sign shall be $85.00. The department may adjust future application and renewal fees through the formal rule making process so long as notice of any proposed increase is sent to the House and Senate Transportation Committees at least 30 days prior to final adoption by the department. Such fees shall be limited to amounts sufficient to offset the administrative costs to the department. An annual report on the expenditures and revenues of the department related to the outdoor advertising program shall be sent to the House and Senate Transportation Committees no later than October 31 of each year. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to this part, the department shall, within 60 days, issue a permit authorizing the erection or maintenance, or both, of the sign for which application was made except when a person, firm, or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in subsection (f) of Code Section 32-6-79. All outdoor advertising permits and renewals shall expire on the first day of April in the year following issuance. Renewal of such permits shall be made to the department between January 1 and April 1 of each calendar year. Notice of such renewal period shall be mailed to each outdoor advertising permit holder along with an itemized list of all permits maintained by such person or entity in the month of December. In response, each permit holder should clearly indicate any permits not being renewed and return a copy to the department along with payment for all permits being renewed. If a permit holder believes the itemized list is incomplete or inaccurate, such permit holder shall clearly note such discrepancies on the list and return a copy to the department with supporting documentation. The permit holder shall submit the renewal and any suggested corrections within 60 days of the date of the department notice or by April 1, whichever occurs last. If the department fails to receive the renewal before the expiration date, the department shall notify the permit holder by certified mail that the renewal is overdue and shall give the permit holder 45 days from the date of the postmark on such notice to send the department the renewal. If the applicant does not send the permit renewal and fee within 45 days after the postmark date on such notice, the permit shall expire and the sign shall then become an illegal sign. Signs shall become illegal by operation of law after the expiration of the permit followed by notice to the permit holder and a failure to submit for the renewal within 45 days. Any illegal sign may be removed without any administrative proceeding before the department. Vegetation permits or renewals issued pursuant to Code Section 32-6-75.3 shall expire on the first day of September in the year following issuance. If a vegetation permit renewal application and fee is not timely submitted and such deficiency is not cured within 45 days of the postmark date of notice via certified mail from

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the department, the vegetation permit shall be canceled, but the sign shall not be deemed illegal. No permit shall be renewed if the renewal thereof has not been made in accordance with this Code section."

SECTION 2. Said part is further amended by revising Code Section 32-6-75.3, relating to applications for tree trimming permits, as follows:
"32-6-75.3. (a)(1) For purposes of this Code section, the term: (A) 'Removal' or 'removed' means the elimination of trees or other vegetation from a viewing zone. (B) 'Target view zone' means an area of the viewing zone extending from the sign to the roadway to which the sign is permitted which shall be angled as requested by the applicant to maximize the visibility of the sign to passing motorists but not to exceed: (i) Two-hundred and fifty feet along the right of way fence or boundary; and (ii) Three-hundred and fifty feet along the pavement edge, to include any emergency lane or paved shoulder. (C) 'Trimming' or 'trimmed' means the pruning of excess limbs or branches from trees or other vegetation which are not removed from a viewing zone. (D) 'Viewing zone' means a continuous 500 foot horizontal distance parallel to a state right of way and adjacent to or otherwise within the line of sight of an outdoor advertising sign. (2) The General Assembly finds and declares that outdoor advertising provides a substantial service and benefit to Georgia and Georgia's citizens as well as the traveling public. Therefore, the General Assembly declares it to be in the public interest that provisions be made for the visibility of outdoor advertising signs legally erected and maintained along the highways in this state to provide information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor service and repairs, or any other services or products available to the general public. Recognizing, however, that the beautification of this state and the health of its environment are absolutely essential and equally as important to the traveling public, the General Assembly finds and declares that these needs must be balanced. (b)(1) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way within viewing zones with respect to outdoor advertising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vegetation trimmed or planted. (2) So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising signs permitted

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or assigned a working number by the department after December 31, 2010, or such owner's agent, shall be eligible to make application for vegetation maintenance for a period of five years from the date a new sign is permitted. (c) Application for a tree or vegetation trimming or removal permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. (d) An application fee shall accompany the application for each vegetation maintenance permit, and both the application and fee shall be submitted to the department. There shall be an annual renewal of the permit for activities in the original scope of the permit. The department shall promulgate rules and regulations setting forth the application fees and renewal fees. Such application and renewal fees shall be established by the department in reasonable amounts in order to fully recover the costs of administering the vegetation maintenance program. (e)(1) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested, which shall be the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department's appraised value of the trees or other vegetation to be trimmed or removed if, in addition, the applicant pays to the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the department's appraised value of the trees or other vegetation to be trimmed or removed. (2) Any measurement of vegetation to be removed for valuation purposes shall be made at diameter breast height as shown in the section entitled 'Height of Measurement' in the Guide for Plant Appraisal (9th Edition) as published by the International Society of Arboriculture. Based on the substantial benefit to the state where dead or diseased trees are removed from the right of way, and the negligible value of dead or diseased trees, such vegetation shall not be measured or valued in determining the appraised value. Trees shall be only deemed dead or diseased if listed as such in the report of a certified forester or arborist, subject to review and approval by the department. Upon receipt of a properly completed application, the department shall, within 60 days, issue the permit for vegetation maintenance. (3) The applicant shall be allowed to remove all trees and vegetation from the target view zone so long as the sign was permitted or assigned a working number by the department on or before December 31, 2010. Vegetation removal shall be prohibited in all areas of the viewing zone outside of the target view zone except that portions of vegetation, such

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as tree limbs, which extend into the target view zone from outside the target view zone may be trimmed as necessary to preserve the clear target view zone. The only vegetation which cannot be removed from the target view zone pursuant to this paragraph shall be landmark trees, historic trees, and specimen trees, as defined in subparagraphs (A) through (C) of this paragraph, and any tree planted as part of a permitted local, state, or federal government beautification project. After July 1, 2011, however, no beautification project in this state shall include the planting of trees in the right of way within 500 feet of an outdoor advertising sign such that the visibility of a permitted outdoor advertising sign is obscured or could later be obscured by the growth of such vegetation.
(A) For purposes of this paragraph, the term 'historic tree' means a tree or group of trees that are reasonably determined by the department to be:
(i) Identified by a unit of government to recognize an individual or group; (ii) Located at the site of a historic event and significantly impact an individual's perception of the event; (iii) Dated to the time of a historic event at the location of the tree, as identified by a unit of government; or (iv) Confirmed as the progeny of a tree that meets any of the criteria contained in this division. (B) For purposes of this paragraph, the term 'landmark tree' means a tree or group of trees that: (i) Have been planted and maintained for educational purposes for more than 75 years; (ii) Were planted as a memorial to an individual, group, event, or cause and are more than 75 years old; or (iii) Symbolize a historically significant individual, place, event, or contribution, as recognized by a unit of government prior to July 1, 2010. (C) For purposes of this paragraph, the term 'specimen tree' means a hardwood tree or group of hardwood trees that is determined to be in excess of 75 years of age as determined by a registered forester or arborist. (D) Pruning or trimming of trees under a permit shall conform to industry standards as defined by the National Arborist Association, International Society of Arboriculture or ANSI A300 pruning standards as of January 1, 2011, or such later edition as may be adopted by rule or regulation of the department. (4) An applicant's record of conduct regarding disturbance of trees or other vegetation on state rights of way shall be considered by the department as part of the evaluation process for any permit or permit renewal application. (5) Prior to approving any permit application to remove allegedly diseased trees, the department shall verify that such trees are in fact diseased. Such determination shall be made by the department's landscape architect. (6) A performance bond in an amount adequate for the requirements of the permit as determined by the department shall be required of each permittee.

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(f)(1) No trees or other vegetation on state rights of way shall be trimmed, killed, or removed by any person other than in accordance with a permit issued under this Code section by any person other than the department or an authorized agent or contractor thereof. (2) No outdoor advertising sign to which a permit under this Code section is applicable shall be unused for advertising for a period of six consecutive months or more. (3) On and after July 1, 1999, no outdoor advertising sign to which a permit under this Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
(4)(A) In cases where the department has reasonable cause to believe that a violation of this subsection has been committed by any person, the procedures provided under Code Section 32-6-95 shall apply the same as in cases wherein the department believes that a sign is being maintained in violation of this part. (B) Following notice, hearing, and a finding that a person has committed a violation of paragraph (1) of this subsection, a civil fine of not less than $10,000.00 nor more than $20,000.00, and restitution in an amount equal to the appraised value of the trees or vegetation, or both, which were unlawfully trimmed or removed, shall be imposed on such person. (C) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (2) of this subsection, an order directing the removal of such unused sign, at the expense of the permittee, shall be issued. (D) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (3) of this subsection, an order directing the removal of such unusable sign shall be issued. (E) The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs. (g) In order to obtain a vegetation maintenance permit for signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, the owner of the sign shall agree to reduce the sign to 75 feet in height or less, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, unless lowering is precluded by local government code or regulation. Work to lower the sign shall be concluded within 60 days of completion of the vegetation removal. If the terms of the work plan are not complied with and all work satisfactorily completed within the allowed time, the performance bond shall be forfeited, and the department shall be authorized to collect the bond and lower the sign. Upon completion of any project which reduces sign height by use of a new support mechanism, such as a new pole, the sign owner shall provide the department with a written footer inspection from the applicable local government or a professional engineer prior to the release of the bond.

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(h) The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained any abandoned sign or signs, until all such abandoned signs are removed or brought into compliance with the provisions of this Code section. For purposes of this subsection, the term 'abandoned sign' means any sign adjacent to a state-controlled route that has not contained a message for six consecutive months and which has not had a message displayed within 30 days after receipt of notice by certified mail from the department. The addition of a 'for rent' panel or a phone number shall not qualify as a message for purposes of this subsection, but self promotional copy covering at least one entire sign face or advertising copy benefitting charitable, nonprofit, religious, or other noncommercial groups shall qualify as a message. (i) The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained in their inventory of signs in this state any sign which depicts any material which is obscene as such term is defined in Code Section 16-12-80, or material that is in conflict with the applicable local government's obscenity ordinance. Upon conviction of depiction of any material as obscene the person, firm, or entity shall be punishable by a fine of not less than $5000.00 for the first conviction and $10,000.00 for any subsequent conviction and shall also be guilty of a misdemeanor of a high and aggravated nature. (j) The removal of signs with lapsed outdoor advertising permits is of benefit to this state but is often too costly for the department to undertake. In order to encourage the removal of such signs and permitted signs that do not conform to the state's current requirements for outdoor advertising signs without the expenditure of state funds, a credit which may be used as an offset toward the total appraised value of the vegetation to be removed in accordance with a vegetation maintenance permit shall be awarded for each qualifying sign removal as follows:
(1) On or before March 1, 2012, the department shall prepare a list of signs which once held a valid outdoor advertising permit but for which the permit has been allowed to lapse. Notification of a sign's inclusion on such list shall be sent to the last known address for the sign's owner as listed on department records and to any other person or entity which the department reasonably finds to have an interest in such sign. Within 30 days of receipt of such notice or 60 days of publication of the list, whichever comes later, any person or entity claiming to be the owner of a sign that they do not believe has been properly included on the list shall be allowed to submit written notice to the department of their objection. Such objection may include a statement of the relevant facts and any supporting documents. On or before July 1, 2012, the department shall publish the final list. Signs which are the subject of any current objections, administrative appeals, or legal disputes shall not be included on such list. This list shall be updated annually and provided to the chairpersons of the House and Senate Transportation Committees on or before the first day of March;

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(2) The department shall, on or before January 1, 2012, prepare a schedule or formula to determine the credit to be received for the removal of lapsed-permit signs and permitted nonconforming outdoor advertising signs. Such schedule shall provide a valuation of the credit based on four factors: material used in sign structure, height of sign, size of sign, and terrain and topography. The department shall also prepare a form to be submitted by any person or entity seeking a credit under this subsection. Such form shall require a description of the material used in the sign structure, the height of the sign, the size of the sign, and the terrain and topography where the sign is situated and a calculation of the anticipated credit in accordance with the department's schedule or formula; (3) At such time as any lapsed-permit sign from the department's updated list or a nonconforming outdoor advertising sign is removed, the person or entity responsible for such removal shall submit to the department the completed removal form and photographic evidence of the removal. For purposes of this subsection, the term 'removal' means removal of all structural elements above ground level; removal of footers or foundation elements shall not be required. Within 60 days of such submission, the department shall certify and return the form. No credit shall be allowed for the removal of a lapsed-permit sign by the owner of such sign. The certified form shall serve as a credit voucher. Credit vouchers may be transferred to another party via notarized statement signed by both parties; (4) Where a lapsed-permit sign from the department's updated list or a nonconforming sign is to be removed in conjunction with a specific application for a vegetation maintenance permit, the sign to be removed shall be designated by department permit number. If the vegetation permit is approved, then the sign designated for removal shall be removed at least 15 days prior to initiation of work pursuant to the vegetation permit. Removal shall be deemed complete when the removal form and photographic evidence of the removal are submitted to the department. The sign designated for removal need not be owned by the vegetation permit applicant. As such, nothing herein shall be interpreted to require that the removed sign be owned or controlled by the vegetation permit applicant. All work hereunder shall be performed by licensed and bonded entities or individuals, where required by law, and the department shall not be liable for the actions of any nondepartment personnel; and (5) A credit voucher may be used by an applicant for a vegetation maintenance permit as an offset against the total appraised value of the vegetation to be removed on a dollar-for-dollar basis, except that the total payment shall not be reduced below $4,000.00. Any unused portion of a credit voucher may be used in conjunction with a subsequent vegetation maintenance application. (k) Nothing contained in this Code section shall render any sign existing on July 1, 2011, nonconforming. Nothing in this Code section shall supersede any applicable local rules or ordinances. The department shall not deny an applicant a vegetation maintenance permit for complying with applicable local rules or ordinances."

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SECTION 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the smallest section or subsection in which such matter appears herein, but shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision.

SECTION 4. The Department of Transportation shall have 120 days from the effective date to promulgate any forms or policies necessary to implement this Act. Those applications submitted before any necessary forms and policies are in place shall be processed in accordance with the regulations in place prior to the effective date. Those holding vegetation maintenance permits or renewals issued at any time prior to the promulgation of the necessary forms and policies shall, upon written request to the department, be able to trim or remove vegetation in accordance with the terms of this Act.

SECTION 5. This Act shall become effective on July 1, 2011.

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

Approved May 12, 2011.

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INSURANCE NONCOVERED DENTAL SERVICES ACT.

No. 198 (House Bill No. 189).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that no contract or agreement between a dental insurer or network and a dentist shall require the dentist to

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accept an amount for dental care services that are not covered dental services under a dental benefit plan; to provide that no dental insurer shall publish or otherwise communicate that discounts are available for noncovered dental services; to provide for a short title; 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. This Act shall be known and may be cited as the "Noncovered Dental Services Act."

SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-24-59.14. (a) As used in this Code section:
(1) 'Covered dental services' means dental care services for which a reimbursement is available under a covered person's dental benefit plan, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation. (2) 'Covered person' means any subscriber, enrollee, member, beneficiary, or participant, or his or her dependent, for whom benefits are payable when that covered person receives dental care services rendered or authorized by a dentist licensed under Chapter 11 of Title 43. (3) 'Dental benefit plan' means any individual or group plan, policy, contract, or subscription agreement which includes or is for dental care services that is issued, delivered, issued for delivery, or renewed in this state whether by a health care insurer, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical or dental service corporation, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes dental care services to patients, insureds, beneficiaries, or covered dependents in this state. (4) 'Dental insurer' means any person, firm, corporation, joint venture, or other similar business entity that offers dental benefit plans in consideration of periodic payments. (b) No contract between a dental insurer and a dentist shall require a dentist to accept an amount set by the dental insurer as payment for dental care services that are not covered dental services under the covered person's dental benefit plan.

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(c) A dental insurer or other person or entity providing third-party administrator services shall not make available any providers in its dentist network to a plan that sets dental fees for any services except covered services. (d) A dental insurer shall not draft, publish, disseminate, or circulate explanation of benefit forms that include language which directly or indirectly implies that a dentist may or should extend discounts to patients for noncovered dental services. Statements by a dental insurer which are prohibited by this Code section include but are not limited to, 'Our members value the services you provide and we encourage you to continue extending the discount on noncovered services.'"

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

Approved May 12, 2011.

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STATE GOVERNMENT OPEN RECORDS EXCEPTION; GOVERNMENTAL SECURITY MEASURES.

No. 199 (House Bill No. 261).

AN ACT

To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting legal authority, so as to provide an exemption for certain public records from disclosure; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting legal authority, is amended by revising subparagraph (A) of paragraph (15) of subsection (a) as follows:
"(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:

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(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or in part upon a lack of general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts; and (v) Records of any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (iv) of this subparagraph."

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

Approved May 12, 2011.

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APPEAL AND ERROR DIRECT APPEAL.

No. 200 (House Bill No. 390).

AN ACT

To amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to authorize the state to have the right of direct appeal rather than seeking a certificate for immediate review when a defendant's motion for new trial or extraordinary motion of new trial is granted; 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 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by revising Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments, as follows:
"5-7-2. (a) Except as provided in subsection (b) of this Code section, in any appeal under this chapter where the order, decision, or judgment is not final, it shall be necessary that the trial judge certify within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that an immediate review should be had. (b) A certificate of immediate review shall not be required from an:
(1) Order, decision, or judgment suppressing or excluding illegally seized evidence; or (2) Order, decision, or judgment described in paragraph (7) of subsection (a) of Code Section 5-7-1. (c) For purposes of this Code section, the granting of a motion for new trial or an extraordinary motion for new trial shall be considered a final order."

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, 2011.

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COMMERCE INSURANCE PROFESSIONS ROOFING CONTRACTORS; PUBLIC ADJUSTERS; LICENSED BROKER RELOCATION SERVICES.

No. 201 (House Bill No. 423).

AN ACT

To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide that certain acts by residential roofing contractors as they relate to insurance claims shall be considered violations of unfair trade practice; to provide for definitions; to provide for certain

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contractual requirements; to provide for notice language; to amend Article 1 of Chapter 23 of Title 33, relating to agents, agencies, subagents, counselors, and adjusters, so as to prohibit certain acts by public adjusters or persons acting as public adjusters to use rebates or other compensation as inducement for an insured to enter into a contract; to amend Code Section 43-40-25, relating to violations by licensed community association managers, salespersons, associate brokers, brokers, schools, and instructors sanctions and unfair trade practices, so as to change provisions relating to unfair trade practices; 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 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as follows:
"10-1-393.12. (a) As used in this Code section, the term:
(1) 'Residential real estate' means a new or existing building constructed for habitation by one to four families, including detached garages. (2) 'Residential roofing contractor' means a person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems. (3) 'Roof system' means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation. (b) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day after the insured has received written notice from the insurer that all or any part of the claim or contract is not a covered loss under such insurance policy. Cancellation shall be evidenced by the insured giving written notice of cancellation to the residential roofing contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the residential roofing contractor. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract. (c) Before entering a contract as provided in subsection (b) of this Code section, the residential roofing contractor shall: (1) Furnish the insured a statement in boldface type of a minimum size of ten points, in substantially the following form:
'You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim

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or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right'; and (2) Furnish each insured a fully completed form in duplicate, captioned 'NOTICE OF CANCELLATION,' which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of ten points the following statement: 'NOTICE OF CANCELLATION' If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at (address of contractor's place of business) at any time prior to midnight on the fifth business day after you have received such notice from your insurer. I HEREBY CANCEL THIS TRANSACTION

(date)

(insured's signature). (d) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the residential roofing contractor shall be entitled to collect the amount due for the emergency services at the time they are rendered. Any provision in a contract as provided in subsection (b) of this Code section that requires the payment of any fee for anything except emergency services shall not be enforceable against any insured who has canceled a contract under this Code section. (e) A residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems. This subsection shall not apply to a public adjuster licensed under Chapter 23 of Title 33."

SECTION 2. Article 1 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 Code Section 33-23-43, relating to authority of adjusters and penalty for violation, as follows:
"33-23-43. (a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction.

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(b) An adjuster shall have authority under his or her license only to investigate, settle, or adjust and report to his or her principal upon claims arising under insurance contracts on behalf of insurers only if licensed as an independent adjuster or on behalf of insureds only if licensed as a public adjuster. (c) No public adjuster, at any time, shall knowingly:
(1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claims, including any motor vehicle accident claims for personal injury, loss of consortium, property damages, or other special damages; (2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; (3) Hire or procure another to do any act prohibited by this subsection; or (4) Advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. As used in this subsection, the term 'promise to pay or rebate' includes (A) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises, or (B) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason. (d) For purposes of subsection (c) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-1, persons representing themselves to be public adjusters who are not properly licensed by the Commissioner, and persons committing any act under paragraph (4) of subsection (c) of this Code section. (e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter."

SECTION 3. Code Section 43-40-25, relating to violations by licensed community association managers, salespersons, associate brokers, brokers, schools, and instructors sanctions and unfair trade practices, is amended by revising paragraph (35) of subsection (b) as follows:
"(35) Failing to obtain a person's written agreement to refer that person to another licensed broker for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral."

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

Approved May 12, 2011.

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EDUCATION PUBLIC OFFICERS GEORGIA CAPITOL MUSEUM; OPERATION BY BOARD OF REGENTS; CAPITOL ART STANDARDS COMMISSION; MEMBERSHIP.

No. 212 (Senate Bill No. 190).

AN ACT

To amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, so as to add provisions relating to the Georgia Capitol Museum; to provide for the transfer of the operation of the Georgia Capitol Museum from the Secretary of State to the board of regents; to provide for powers and duties of the board of regents with respect to the museum; to amend Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Capitol Museum and the Capitol Art Standards Commission, so as to repeal and reserve Part 1, relating to operation of the Georgia Capitol Museum by the Secretary of State and so as to change the membership of the Capitol Art Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, is amended by adding a new Code section to read as follows:
"20-3-40. (a) The operation of the Georgia Capitol Museum which was formerly under the control and supervision of the Secretary of State shall as of July 1, 2011, be transferred to the Board of Regents of the University System of Georgia. The board of regents shall designate one or more persons to carry out any duties formerly carried out by the director of the museum. The transfer shall include real property relating to the museum. (b) The board of regents shall maintain the exhibits for the museum and may prepare and distribute publications concerning the museum's features, prepare semitechnical materials for distribution to the schools of this state, conduct tours of the museum and state capitol,

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and perform such other duties and functions as are ordinarily exercised in the operation of a museum. (c) The board of regents is authorized to receive, on behalf of the state, any grants, donations, or gifts of money or property for use in the museum. (d) Any funds appropriated for the operation of the Georgia Capitol Museum may be transferred as provided in Code Section 45-12-90."

SECTION 2. Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Capitol Museum and the Capitol Arts Standards Commission, is amended by repealing and reserving Part 1, relating to the Georgia Capitol Museum.

SECTION 3. Said article is further amended in Code Section 45-13-70, relating to the Capitol Art Standards Commission, by revising subsection (a) as follows:
"(b) The Capitol Art Standards Commission shall be composed of 16 members. Three members shall be appointed by the Governor, one of whom shall be designated as chairperson. Three members shall be appointed by the Senate Committee on Assignments and three members shall be appointed by the Speaker of the House of Representatives. One member each shall be appointed by the Georgia Historical Society, the Georgia Council for the Humanities, and the Georgia Council for the Arts. One member each shall be appointed by the Board of Regents of the University System of Georgia and the Georgia Foundation for Independent Colleges, each of whom shall be proficient in the history of the State of Georgia. Each of the appointed members shall serve two-year terms of office and shall be eligible to succeed themselves. In addition, the director of the Georgia Capitol Museum or his or her designee and the Secretary of State or his or her designee shall be a member of the commission. Vacancies in the positions of appointed members of the commission shall be filled for the remainder of the unexpired term of office by the original appointing authority."

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

Approved May 12, 2011.

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HEALTH REENACT LEAD POISONING PREVENTION PROVISIONS.

No. 214 (Senate Bill No. 211).

AN ACT

To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to provide for certain federal regulations copies, fees, corrective orders, and violations related to such chapter; to provide for legislative purpose; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The purpose of this Act is to reenact the provisions of former Code Section 31-41-6, relating to federal regulations copies, fees, corrective orders, and violations relative to lead poisoning prevention, as such Code section existed immediately prior to its repeal on May 27, 2010, by SB 78.

SECTION 2. Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by adding a new Code section to read as follows:
"31-41-6. (a) The department shall make available to all persons licensed or certified under this chapter current federal regulations affecting such licensees or certified persons. (b) The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Natural Resources. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department. (c) The department is authorized to issue a corrective order to any person in violation of this chapter or any regulation promulgated pursuant thereto. The order shall specify the provisions of this chapter or any regulation alleged to have been violated and shall order necessary corrective action be taken within a reasonable time to be prescribed in such order. (d) The department is authorized to revoke or suspend any license, certification, approval, or accreditation issued hereunder, in accordance with regulations promulgated pursuant to this chapter.

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(e) It shall be unlawful for any person to engage in training or lead-based paint activities regulated under this chapter except in such a manner as to conform to and comply with this chapter and all applicable regulations and orders established under this chapter. (f) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor."

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, 2011.

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PENAL INSTITUTIONS CONFIDENTIAL PROBATION OR PAROLE RECORDS.

No. 215 (Senate Bill No. 214).

AN ACT

To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the transfer of certain confidential probation records to the parole board; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide for the transfer of certain confidential parole records to probation officials employed with the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by revising Code Section 42-8-40, relating to the confidentiality of papers, exemption from subpoena, and declassification, as follows:
"42-8-40. (a) Except as provided in subsection (b) of this Code section, all reports, files, records, and papers of whatever kind relative to the state-wide probation system are declared to be

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confidential and shall be available only to the probation system officials and to the judge handling a particular case. They shall not be subject to process of subpoena. However, the commissioner may by written order declassify any such records. (b) Supervision records of the State Board of Pardons and Paroles may be made available to officials employed with the state-wide probation system, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the State Board of Pardons and Paroles."

SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by revising Code Section 42-9-53, relating to the preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, as follows:
"42-9-53. (a) Subject to other laws, the board shall preserve on file all documents on which it has acted in the granting of pardons, paroles, and other relief. (b) All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all records, papers, and documents coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by the board; provided, however, that the board shall be authorized to disclose to an alleged violator of parole or conditional release the evidence introduced against him or her at a final hearing on the matter of revocation of parole or conditional release; provided, further, that the board may make supervision records of the board available to probation officials employed with the Department of Corrections, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the board. (c) No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall be guilty of a misdemeanor. (d) All hearings required to be held by this chapter shall be public, and the transcript thereof shall be exempt from subsection (b) of this Code section. All records and documents which were public records at the time they were received by the board are exempt from subsection (b) of this Code section. All information, reports, and documents required by law to be made available to the General Assembly, the Governor, or the state auditor are exempt from subsection (b) of this Code section."

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

Approved May 12, 2011.

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INSURANCE REINSURER REQUIREMENTS.

No. 218 (Senate Bill No. 252).

AN ACT

To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Commissioner shall determine if an insurer meets the definition of a reinsurer; to provide for the definition of a reinsurer; to provide for designation on the certificate of authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, is amended by revising Code Section 33-3-15 as follows:
"33-3-15. (a) Upon filing of an application for an original certificate of authority, the Commissioner shall have 90 days in which to approve the application by issuing an appropriate certificate of authority or disapprove the application by issuing an order setting forth the grounds for such disapproval. The Commissioner may extend such 90 day period for an additional 90 days by notifying the applicant in writing of such extension. If the application is not approved or disapproved within such time period or periods, the application shall be deemed approved and the Commissioner shall thereupon issue the appropriate certificate of authority. (b) The certificate, if issued, shall specify the kind or kinds of insurance the insurer is authorized to transact in Georgia. At the insurer's request, the Commissioner may issue a certificate of authority limited to particular types of insurance included within a kind of insurance as defined in this title. (c) The Commissioner shall determine if the insurer is a reinsurer and shall so designate on the certificate. As used in this subsection, the term 'reinsurer' means an insurer that is principally engaged in the business of reinsurance, does not conduct significant amounts of direct insurance as a percentage of its net premiums, and is not engaged in an ongoing basis in the business of soliciting direct insurance."

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

Approved May 12, 2011.

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INSURANCE BIENNIAL LICENSE RENEWAL; FEES.

No. 220 (Senate Bill No. 251).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-8-1, relating to fees and taxes, as follows:
"33-8-1. The Commissioner is authorized to assess and collect in advance, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this title as follows:
(1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal of a certificate of authority, or renewal of a license:

(A) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (new license). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00

(B) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (biennial license renewal) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(B.1) Each branch office of an insurance agency other than the principal office (new license) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(B.2) Each branch office of an insurance agency other than the principal office (biennial license renewal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(C) Agent certificate of authority for subagent. . . . . . . . . . . . . . . . . . . . .

5.00

(D) Automobile self-insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(E) Captive insurance company:

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (F) Continuing care provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (G) Duplicate certificate of authority, license, or permit. . . . . . . . . . . . . . (H) Farmers mutual fire insurance company: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (I) Fraternal benefit society: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (I.1) Health care corporations: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (J) Health maintenance organization: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (K) Insurer certificate of authority for agent. . . . . . . . . . . . . . . . . . . . . . . (L) Life, accident, and sickness insurance company: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (M) Managing general agent: Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal license or certificate .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (N) Multiple employer self-insurance plan.. . . . . . . . . . . . . . . . . . . . . . . . (O) Premium finance company (full power). . . . . . . . . . . . . . . . . . . . . . . (P) Premium finance company (limited power). . . . . . . . . . . . . . . . . . . . . (Q) Reserved

500.00 75.00 25.00
500.00 25.00
600.00 500.00
600.00 500.00
600.00 500.00
10.00
600.00 500.00
600.00 500.00 400.00 500.00 300.00

GEORGIA LAWS 2011 SESSION

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(R) Prepaid legal services plans .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(S) Private review agents:

Original license or certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(T) Property and casualty insurance company:

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(U) Nonprofit organizations (medical service or hospital service corporation):

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

500.00

(V) Rating or advisory organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(W) Reinsurance intermediary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(X) Surplus lines broker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

(Y) Third-party administrators:

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00

(Z) Title insurance company:

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(AA) Utilization review agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00

(BB) Each vending machine licensed under Chapter 23 of this title. . . . .

25.00

(CC) Workers' compensation group self-insurance fund:

Original license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00

Renewal license or certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(2) Bond or security deposits:

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(A) Not over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.00

(B) Not over $10,000.00.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.00

(C) Not over $25,000.00.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.00

(D) Not over $50,000.00.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.00

(E) Over $50,000.00 but less than $100,000.00 . . . . . . . . . . . . . . . . . . . .

40.00

(F) $100,000.00 or more.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(3) Examination fee for agent's, subagent's, counselor's, or adjuster's license 25.00

(4) Application fee for agent's, subagent's, adjuster's, or counselor's license 15.00

(5) Status letter for agent, subagent, counselor, or adjuster. . . . . . . . . . . . .

10.00

(6) For the following filings:

(A) Bylaws amendments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.00

(B) Certification of annual statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.00

(C) Certification of examination report. . . . . . . . . . . . . . . . . . . . . . . . . . .

10.00

(D) Certification of other documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00

(E) Charter amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.00

(F) Education course provider (original filing). . . . . . . . . . . . . . . . . . . . . 100.00

(G) Education course provider (renewal filing). . . . . . . . . . . . . . . . . . . . .

50.00

(H) Education course or program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.00

(I) Education course instructor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.00

(J) Financial statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(K) Form A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000.00

(L) Form A exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00

(M) Form B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(N) Form B exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(O) Individual risk rate or form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.00

(P) Insurance policy form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.00

GEORGIA LAWS 2011 SESSION

627

(Q) Insurance rate filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75.00

(R) Listing of licensed agents, subagents, counselors, or adjusters. . . . . . 1,000.00

(S) Listing of insurer's certificates of authority filed for agents.. . . . . . . .

5.00

(T) Listing of agent's certificates of authority filed for subagents. . . . . . .

5.00

(U) List of licensees or permit or certificate holders other than agents, subagents, counselors, or adjusters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40.00

(V) License, permit, or certificate of authority amendment. . . . . . . . . . . .

25.00

(W) Late fee for filings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.00

(X) Registration of risk retention groups. . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(Y) Registration of purchasing groups. . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(Z) Filing of other documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(AA) Amendment of filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.00

Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters.

(AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No charge

(BB) Service of process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.00

(7) For refiling of corrected documents under this Code section, provided that fees were paid with original filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No charge"

SECTION 2. Said title is further amended by revising Code Section 33-23-3, relating to agency licensing and annual renewals, as follows:
"33-23-3. (a) Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must obtain an agency license prior to commencement of operations and renew such license annually by filing application forms prescribed by the Commissioner, except as provided by subsection (a.1) of this Code section. (a.1) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1. (b) An agency shall be subject to all penalties, fines, criminal sanctions, and other actions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended."

SECTION 3. Said title is further amended by revising Code Section 33-23-18, relating to issuance of a license on a continuous basis, filing for continuation, and continuing education requirements, as follows:
"33-23-18. (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. (c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter, except as provided in subsection (h) of this Code section. (d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed individual who has held a license for less than 20 years during the calendar year. For those individuals who have held a license for 20 years or more, the requirement shall be no more than ten classroom hours during the calendar year. However, the Commissioner may provide by rule or regulation for continuing education requirements on a biennial basis. (e) Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section. (f) Every individual required to participate in a continuing education program pursuant to this Code section shall furnish or such individual's insurer shall furnish the Commissioner

GEORGIA LAWS 2011 SESSION

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such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (g) The Commissioner by rule or regulation may establish the following:
(1) Staggered deadlines for the filing of forms for continuation of licenses and the corresponding required fees; and (2) Penalties and procedures for licensees who fail to comply with subsection (c) of this Code section. (h) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1."

SECTION 4. Said title is further amended by revising subsection (b) of Code Section 33-23-37, relating to licensing of a surplus lines broker, as follows:
"(b) Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker as follows:
(1) Application to the Commissioner for the license shall be on forms furnished by the Commissioner; (2) The license fee shall be in an amount as provided in Code Section 33-8-1; (3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section except as provided in paragraph (3.1) of this subsection; (3.1) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1; (4) Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following:
(A) Place insurance only in compliance with Code Section 33-5-25; (B) Remit promptly the taxes provided in Code Section 33-5-31; (C) Account to any person requesting him or her to obtain insurance for funds or premiums collected in connection with such insurance; and (D) Otherwise conduct business in accordance with this title.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and (5) Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his or her competence, unless the applicant is licensed as a surplus lines broker in his or her home state."

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, 2011.

__________

ELECTIONS PRESIDENTIAL PREFERENCE PRIMARY; DATE; CANDIDATES.

No. 224 (House Bill No. 454).

AN ACT

To amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating presidential preference primary, so as to provide for the date of the presidential preference primary; to provide for the submission of the names of candidates and the publishing of such list; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating presidential preference primary, is amended by revising Code Section 21-2-191, relating to parties entitled to hold primaries, dates, decision to elect delegates to presidential nominating convention in primary, and qualifying periods for candidates for delegate, as follows:
"21-2-191. As provided in this article, a presidential preference primary shall be held in 2012 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of

GEORGIA LAWS 2011 SESSION

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the total vote cast for President and Vice President in this state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held in each year in which a presidential election is to be conducted on a date selected by the Secretary of State which shall not be later than the second Tuesday in June in such year. The Secretary of State shall select such date no later than December 1 of the year immediately preceding such primary. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than 60 days preceding the date on which the presidential preference primary is to be held."

SECTION 2. Said article is further amended by revising Code Section 21-2-193, relating to list of names of candidates to appear on ballot and publication of list, as follows:
"21-2-193. On a date set by the Secretary of State, but not later than 60 days preceding the date on which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published on the website of the Secretary of State during the fourth week immediately preceding the date on which the presidential preference primary is to be held."

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

Approved May 13, 2011.

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EDUCATION STATE BOARD OF TECHNICAL AND ADULT EDUCATION CHANGED TO STATE BOARD OF THE TECHNICAL COLLEGE SYSTEM OF GEORGIA.

No. 225 (House Bill No. 49).

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 State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change; 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 20-4-10, relating to the establishment of the State Board of Technical and Adult Education, as follows:
"20-4-10. (a) There is established the State Board of the Technical College System of Georgia, formerly known as the State Board of Technical and Adult Education, consisting of not fewer than one member from each congressional district and nine at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. Board members in office on June 30, 2000, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint seven successors to two-year terms, six successors to three-year terms, and six successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office. (b) As used in this article, the term 'state board' means the State Board of the Technical College System of Georgia."

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SECTION 2. Code Section 20-16-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Higher Education Facilities Authority Act," is amended by revising paragraph (3) as follows:
"(3) Reserved."

SECTION 3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "State Board of Technical and Adult Education", "Board of Technical and Adult Education", or "board of technical and adult education" wherever any such term occurs with "State Board of the Technical College System of Georgia":
(1) Code Section 12-5-127, relating to the licensing of water well contractors; (2) Code Section 12-11-11, relating to the Conservation Corps Advisory Council; (3) Code Section 20-1-22, relating to definitions relative to the "Drug-free Postsecondary Education Act of 1990"; (4) Code Section 20-1-26, relating to promulgation of administrative procedures for implementation of the "Drug-free Postsecondary Education Act of 1990"; (5) Code Section 20-2-161.1, relating to academic credit for enrollment in postsecondary courses; (6) Code Section 20-2-161.3, relating to the program for high school students to attend postsecondary institutions; (7) Code Section 20-2-169, relating to receipt of federal funds for career, occupational, or technical education; (8) Code Section 20-2-320, relating to the Education Information Steering Committee; (9) Code Section 20-2-327, relating to recognition of advance proficiency/honors courses; (10) Code Section 20-4-11, relating to the powers of the State Board of Technical and Adult Education; (11) Code Section 20-4-12, relating to expenses and mileage allowance for the State Board of Technical and Adult Education; (12) Code Section 20-4-13, relating to meetings of the State Board of Technical and Adult Education; (13) Code Section 20-4-14, relating to the establishment of the Technical College System of Georgia; (14) Code Section 20-4-15, relating to the establishment of adult literacy programs; (15) Code Section 20-4-16, relating to funding for adult literacy programs and postsecondary technical education programs; (16) Code Section 20-4-19, relating to conformity to board standards, policies, and procedures of adult literacy programs; (17) Code Section 20-4-21, relating to tuition fees for the Technical College System of Georgia;

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(18) Code Section 20-4-24, relating to use of personnel by local units of administration in the Technical College System of Georgia; (19) Code Section 20-4-25, relating to membership in the retirement system; (20) Code Section 20-4-35, relating to the reduction in force policy; (21) Code Section 20-4-40, relating to the establishment of the quick start training program; (22) Code Section 20-4-41, relating to the extent and nature of the quick start training program to be offered; (23) Code Section 20-4-43, relating to agreements for local facilities and employees for training; (24) Code Section 20-4-44, relating to qualifications of employees of the quick start training program; (25) Code Section 20-4-45, relating to equipment procurement and use for the quick start training program; (26) Code Section 20-4-46, relating to standards, rules, and regulations of the quick start training program; (27) Code Section 20-4-47, relating to acceptance of federal and private grants; (28) Code Section 20-13-8, relating to licensure of the Georgia Public Telecommunications Commission; (29) Code Section 20-13-9, relating to content of instructional television; (30) Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council; (31) Code Section 20-14-50, relating to the adoption of performance measures, report cards, and audit under the postsecondary accountability assessment program; (32) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority; (33) Code Section 20-16-4, relating to the powers of the Georgia Higher Education Facilities Authority; (34) Code Section 38-3-22.2, relating to the establishment of Airport Anti-Terrorism Training Committee; (35) Code Section 42-2-5.1, relating to special school district for school age youth and education programs for adult offenders; (36) Code Section 43-14-6, relating to powers and duties of divisions relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (37) Code Section 45-7-21, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions; (38) Code Section 45-12-132, relating to contracts exempt from certain requirements; (39) Code Section 50-20-8, relating to applicability of provisions for relations with nonprofit contractors; and (40) Code Section 50-36-1, relating to verification of lawful presence within United States.

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

Approved May 13, 2011.

__________

EDUCATION LABOR CAREER PATHWAY OPTIONS; CAREER AND COLLEGE READINESS; SOFT SKILLS CERTIFICATION.

No. 226 (House Bill No. 186).

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 and expand career pathway options for high school students to ensure their career and college readiness; to provide for legislative findings; to provide for coordination between the State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education; to provide for focused programs of study; to provide measures to minimize the need for remedial course work for students in postsecondary institutions; to require academic core standards to be embedded in career, technical, and agricultural education courses; to provide for end-of-course assessments; to provide for course credit for demonstrated proficiency; to provide for certain requirements relating to dual credit courses; to provide for enrollment counts for students in dual credit programs; to repeal a Code section relating to enrollment in postsecondary courses; to provide that certain provisions relating to individual graduation plans may not be waived; to amend Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board, so as to provide for the establishment of soft skills certification by the Governor's Office of Workforce Development; to provide for collaboration with the Department of Education to enable high school students to attain soft skills certification; 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. The General Assembly finds:
(1) Our state's long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

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(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate's degree, a baccalaureate degree, and a career; (3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees; (4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level; (5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework; (6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options; (7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit; (8) Georgia's strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce; (9) Georgia's public education system must incorporate many different types of assessments and certificates into their programs so that a student's skill level is assessed and that it also has meaning to them for postsecondary and career success; and (10) Georgia's students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (e) of Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows:
"(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 of this chapter upon the inclusion of such request in the local school system's 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

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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; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. 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."

SECTION 3. Said chapter is further amended by revising Code Section 20-2-140, relating to the establishment of competencies and a uniformly sequenced core curriculum, as follows:
"20-2-140. (a) The State Board of Education shall establish competencies that each student is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may sequence, expand, and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities. (b) The State Board of Education, working with the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education, shall establish college and career readiness competency standards in reading, writing, and mathematics aligned with the core curriculum adopted by the state board pursuant to subsection (a) of this Code section with the level of performance necessary to meet college-readiness standards in the state's technical colleges, community colleges, state colleges, and universities and in other advanced training programs. (c) The Board of Technical and Adult Education shall require its institutions to accept core curriculum coursework completed by high school students for purposes of admission into its institutions. This Code section shall apply beginning with students entering such postsecondary institutions in the fall of 2012."

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SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 20-2-157, relating to the uniform reporting system for certain purposes, as follows:
"(a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title."

SECTION 5. Said chapter is further amended by adding new Code sections to read as follows:
"20-2-159.1. No later than July 1, 2012, the Department of Education shall develop, and the State Board of Education shall approve, state models and curriculum framework for the following focused programs of study, as defined in Code Section 20-2-326, including, but not limited to:
(1) Agriculture, food, and natural resources; (2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; and (16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related clusters.

20-2-159.2. Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging postsecondary endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for students, families, and the state. To this end, the State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education shall:

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(1) Develop policies to ensure that students who complete the core curriculum established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall:
(A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the core curriculum; and (B) Set the conditions for ensuring college readiness; (2) Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate's or bachelor's degree; (3) Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade; (4) Develop transitional courses in reading, writing, and mathematics with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards; and (5) Ensure dual credit courses reflect postsecondary coursework.

20-2-159.3. (a) The competencies and curricula established for career, technical, and agricultural education courses pursuant to Code Section 20-2-140 shall include embedded standards in academic core subject areas, as appropriate. In establishing such competencies and curricula, the state board shall work to ensure that the coursework meets postsecondary requirements for acceptance of credit for such coursework at the postsecondary level. Such courses shall be taught by a highly qualified teacher in the academic content and trained or experienced in contextualized learning using project based methods; by a highly qualified career, technical, and agricultural education teacher who has completed a state-approved training program to strengthen academic content and has passed a state-approved exam for demonstrating mastery of academic content; or by a team made up of a highly qualified teacher in the academic content and a highly qualified career, technical, and agricultural education teacher working together to teach the course. (b) Local school systems and individual charter schools may develop and implement career, technical, and agricultural courses with embedded standards in academic core subjects areas, including, but not limited to, English, language arts, science, social studies, and mathematics. (c) For an academic core subject area for which an end-of-course assessment has been adopted pursuant to Code Section 20-2-281, students shall be given the opportunity to take such end-of-course assessment upon completion of the career, technical, and agricultural

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education course that includes embedded standards in such academic core subject area, unless such student has already passed such end-of-course assessment. (d) Students who successfully complete a course in career, technical, and agricultural education that includes embedded standards in academic core subject areas, as adopted or approved by the state board, shall receive course credit for both the career, technical, and agricultural education course as well as for the academic core coursework embedded in such course. (e) The guidelines shall limit the number of academic credits earned through career, technical, and agricultural education courses for any student to three credits and shall ensure acceptance of such credits for purposes of admission into a postsecondary institution. Further, such a credit shall count only once toward high school diploma requirements unless the course requires expanded time to cover the academic and career, technical, and agricultural education content found in both the academic and the career, technical, and agricultural education course.

20-2-159.4. (a) The State Board of Education, in consultation with the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education, shall adopt policies and establish guidelines for awarding units of high school credit to students based on a demonstration of subject area competency, instead of or in combination with completion of courses of classroom instruction. Such policies and guidelines shall clearly delineate the manner in which students can earn credit, how mastery of standards will be assessed, how locally developed assessments will be reviewed and approved, how such credit will be recorded on high school transcripts, and when outcomes as a result of these policies and guidelines will be reviewed. The state board shall adopt such policies and establish guidelines, and such policies and guidelines shall be applicable beginning with the 2012-2013 school year. (b) Students may earn credits through:
(1) The completion of courses; or (2) The testing out or otherwise demonstrating mastery of the course content. (c) The state board shall identify assessments, including various commercial assessments, for immediate use for students to demonstrate subject area competency, which may include, but not be limited to: (1) Advanced placement exams; (2) ACT course assessment; (3) Industry-specific certificates and credentials for career, technical, and agricultural education courses; (4) College Level Examination Program (CLEP) exams; and (5) Nationally recognized foreign language performance assessments. The state board shall establish a process for reviewing and approving performance based assessments developed commercially, by the state, or by a local school system. Initially,

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the state board shall limit the number of credits earned though such educational options to three credits per student until the practice is proven to yield student outcomes at least equivalent to those found in standard seat-time courses. The policy shall ensure that credit for demonstrated proficiency is reported on student transcripts in the same way that seat-time credit is recorded. The state board shall review such policy after three years to determine if student outcomes from these educational options are equivalent to, if not better than, student outcomes in traditional courses. (d) Each local school system shall comply with the state board's plan adopted pursuant to this Code section and shall award units of high school credit in accordance with such plan. Local boards of education and charter schools shall establish implementation policies and shall be prohibited from setting policies that negate or otherwise prohibit access to such plan.

20-2-159.5. (a) For purposes of this Code section, the term:
(1) 'Dual credit course' means any arrangement whereby an eligible student takes one or more courses, including virtual courses, at or through an eligible institution while still enrolled as a public high school student and receives credit both at the high school and at the eligible institution. (2) 'Eligible institution' means any eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3-519. (3) 'Eligible student' means a student entering ninth through twelfth grades who attends a public high school in this state and takes at least two courses per day on campus. (4) 'Secondary credit' means high school credit for dual credit courses taken at an eligible institution. (b) The department, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education shall jointly: (1) Establish the conditions under which high school students may earn dual credit for coursework completed while in high school. Such conditions shall include demonstration by students as to college readiness in reading, writing, and mathematics required for advanced training leading to a certificate, an associate's degree, or a bachelor's degree in order to receive dual credit as set forth in this Code section. A student who meets reading and writing readiness standards shall qualify to enroll in any dual credit course except in courses that require a strong mathematics foundation. To qualify for such mathematics courses, students shall be required to meet mathematics readiness standards as set forth in this Code section. Students who fail to meet these conditions may enroll in such courses if they enroll concurrently in specially designed courses to address their deficits in reading and writing or mathematics or both and shall be awarded dual credit if they meet readiness standards before or at the point they successfully complete the dual credit course;

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(2) Develop appropriate forms and counseling guidelines for dual credit courses and shall make such forms and guidelines available to local school systems and eligible institutions. No later than the first day of April each year, each local school system shall provide general information about dual credit courses, including such forms, to all its eighth through eleventh grade students. A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to such students and their parents or guardians before the students enroll in a dual credit course. Prior to participating in a dual credit course, the student and the student's parent or guardian shall sign the form provided by the school system or by an eligible institution stating that they have received the counseling specified in this Code section and that they understand the responsibilities that shall be assumed in participating in the dual credit program; and (3) Establish policies to ensure that dual credit courses reflect college-level work in order for such courses to yield dual credit, which shall include:
(A) Establishing college-readiness standards in reading, writing, and mathematics that students must meet to enroll in dual credit courses; (B) Setting minimum eligibility requirements for earning college credit while in high school and for all state postsecondary institutions to apply to both academic and career, technical, and agricultural education dual credit courses; (C) Establishing the same content standards, requirements for faculty, course syllabi, and end-of-course exams for dual credit academic and career, technical, and agricultural education courses, whether taught to high school or college students; (D) Developing a state-wide system for the transfer of college credits earned through dual credit courses; and (E) Determining how dual enrollment will be monitored to assure programs meet state standards for college-level work. (c) Any eligible student may apply to an eligible institution to take one or more dual credit courses at or through that institution which are approved for secondary credit in accordance with the conditions established pursuant to subsection (d) of this Code section. If accepted at an eligible institution, such eligible student may take any such course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor under the conditions provided in this Code section. (d)(1) A local school system shall grant academic credit to an eligible student enrolled in a dual credit course in an eligible institution if that course has been approved by the State Board of Education or in a virtual course approved by the State Board of Education if such student successfully completes such course. The State Board of Education shall approve any such course which is substantially comparable to a state approved course. The secondary credit granted shall be for the comparable course approved by the State Board of Education. Upon completion of an eligible institution's approved course, the eligible student shall be responsible for requesting that the institution notify the student's local school system regarding his or her grade in that course.

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(2) Secondary school credits granted for dual credit courses under paragraph (1) of this subsection shall be counted toward State Board of Education graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the eligible student's secondary school records. (3) Following the grant of postsecondary credit for successful completion of any dual enrollment course, when a student enrolls in an eligible institution after leaving secondary school, that eligible institution shall award postsecondary credit for any dual credit course successfully completed on the same basis on which such credits are customarily awarded. An eligible institution shall not charge a student for the award of such postsecondary credit. (4) The department shall consult the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education in developing rules and regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for dual credit courses. (e) The State Board of Education shall establish rules and regulations relating to applicable state and federal testing requirements for eligible students participating in dual credit courses. (f) 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 eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor. (g) Students enrolled in the Georgia Youth Apprenticeship Program under Code Section 20-2-161.2 shall be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the State Board of Education and the Board of Technical and Adult Education provided students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate's degree."

SECTION 6. Said article is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by instructional program, as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an

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enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."

SECTION 7. Said chapter is further amended by repealing and reserving Code Section 20-2-161.1, relating to enrollment in postsecondary courses.

SECTION 8. Said chapter is further amended by revising subsection (b) of Code Section 20-2-244, relating to waivers to improve student performance, as follows:
"(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; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-211.1;

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or the requirements in subsection (c) of Code Section 20-2-327. 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."

SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20 for charter schools, as follows:
"(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133;

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(11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; (12) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; and (13) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans."

SECTION 10. Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board, is amended in Code Section 34-14-3, relating to the establishment of the Governor's Office of Workforce Development, as follows:
"34-14-3. (a)(1) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board. (2) In addition, the office is authorized to establish certification in soft skills, which may include, but not be limited to, skills relating to punctuality, ability to learn, and ability to work in a team, as a discrete and complementary component to the current assessment system utilized in Georgia to measure an individual worker's skill and knowledge in the areas of applied mathematics, reading for information, and locating information to determine and indicate to potential employers such worker's level of work readiness. Such certification is intended to assist both the existing workforce as well as the state's emerging workforce. The office is authorized to explore local, national, and international soft skills programs for the purpose of developing a soft skills certification system. (3) The office is authorized and encouraged to work with the state's emerging workforce, including rising and graduating high school students, with the goal that, upon graduation, high school students have both a diploma and certification in soft skills and work readiness to enable them to be successful in postsecondary education, a career pathway, or both. The office may collaborate with the Department of Education and the Board of Technical and Adult Education to facilitate coordination with high schools so that high school students can attain certification in soft skills and work readiness.
(b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only."

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SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2011.

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EDUCATION FUNDING NEEDS AND MECHANISMS; QUALITY BASIC EDUCATION EVALUATION; FLEXIBILITY; EXPENDITURE CONTROL WAIVERS; CLASS SIZE; TEACHER CONTRACT DEADLINES; SCHOOL ORGANIZATION.

No. 227 (House Bill No. 192).

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 implement various measures to address current funding needs and to examine current funding mechanisms; to establish the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools; to provide for legislative findings; to provide for composition, compensation, duties and powers, and support staff of the commission; to provide for a timeline; to provide for automatic repeal; to extend the date by which school systems must notify the department of their intention to request flexibility or remain status quo; to temporarily extend certain expenditure control waivers; to provide for automatic repeal; to temporarily extend flexibility in maximum class size requirements in kindergarten through grade eight; to temporarily extend certain deadlines relating to annual teacher contracts; to revise certain provisions relating to organization of schools, middle school programs, and scheduling; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new part to Article 6, relating to the "Quality Basic Education Act," to read as follows:

"Part 17

20-2-330. The General Assembly passed the Quality Basic Education Act (QBE) in 1985 by unanimous vote. The legislation was the culmination of two years of work by the Education Review Commission, a body made up of business leaders, parents, teachers, education experts, and other community leaders, which was charged with developing a comprehensive educational reform package for Georgia. The QBE Formula, along with several other formula related components, has served as the method of calculating the funding needs of Georgia school systems for the past 25 years. The General Assembly has now determined that it is in the best interests of the state and its citizenry to undertake a comprehensive study of the method of funding schools in Georgia.

20-2-331. (a) The State Education Finance Study Commission is hereby created to evaluate the Quality Basic Education Formula and any other program or matter relative to education funding in Georgia as provided in this part. Members of the commission should have good working knowledge of education and education finance. Members must be willing to commit time to actively participate in full committee meetings and subcommittee meetings and must agree to balance the educational needs of children and the resources provided by the citizens of Georgia. The commission shall be composed of 20 members as follows:
(1) The following members, appointed by the Governor: (A) A local school superintendent; (B) A principal or other administrator; (C) A teacher; (D) A member of a local board of education; (E) A member of the State Board of Education; (F) A representative from the System Office of the University System of Georgia; (G) A representative from the Technical College System of Georgia; (H) A representative from the Professional Standards Commission; (I) A school finance officer; and (J) One representative from the business community;
(2) The State School Superintendent; (3) The chief financial officer of the Department of Education;

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(4) Four members of the House of Representatives, appointed by the Speaker of the House of Representatives, including the chairperson of the House Committee on Education; and (5) Four members of the Senate, appointed by the Lieutenant Governor, including the chairperson of the Senate Education and Youth Committee. (b) The chairpersons of the House Committee on Education and the Senate Education and Youth Committee shall serve as cochairpersons of the commission. The commission may elect other officers as deemed necessary. The cochairpersons may designate and appoint subcommittees from among the membership of the commission as well as appoint other persons to perform such functions as they may determine to be necessary as relevant to and consistent with this part. The cochairpersons shall only vote to break a tie. (c) The commission may engage additional ad hoc nonvoting members as needed to address certain issues in subcommittee. This may include, but not be limited to, input from various personnel experienced in the Quality Basic Education Formula, such as counselors, pre-K personnel, special education teachers, social workers, psychologists, art teachers, music teachers, physical education teachers, foreign language teachers, agriculture and career-technical education teachers, media specialists, school nutrition managers, and transportation managers. (d) The cochairpersons shall be authorized to appoint a steering committee composed of members of the commission to monitor the progress of the commission, to ensure timelines are being met, and to mediate differences that might arise in the course of the study.

20-2-332. (a) The commission shall hold meetings at the call of the cochairpersons. The commission shall meet at least quarterly and subcommittees shall meet as often as needed to complete tasks. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this part shall come from funds appropriated to the House of Representatives and the Senate.

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20-2-333. (a) The commission shall study and evaluate the cost and resources needed to educate a child through review of the following core issues relating to education financing;
(1) QBE Formula: (A) Evaluate the various components of the formula, including teacher salaries, maintenance and operations, and textbooks, and determine whether there needs to be adjustments; (B) Consider whether new components should be added to the formula, such as technology; (C) Consider whether other programs that have been proven successful should be added to the formula, such as graduation coaches; and (D) Review other areas within the QBE Act that relate to or impact school funding, such as maximum class sizes and expenditure controls, and whether local school systems should continue to be given flexibility in these areas;
(2) State and local funding partnership: Examine the requirement that school systems must levy 5 mills in order to draw down state QBE funding and whether the current method should continue or whether school systems should be required to pay a certain percentage of the formula or for certain expenditures; (3) Equalization: Examine the equalization grant to determine if the purpose of the grant is being met and whether revisions are needed; (4) Student transportation:
(A) Review the current formula for student transportation; and (B) Review other safety issues related to student transportation, such as funding bus monitors and seat belts; (5) State schools funding: Examine funding for the three schools for blind and deaf children operated by the state to identify needed changes in the funding method, whether additional funding for residential, medical, and other costs unique to the schools should be provided, and whether local school systems should be contributing to the cost of educating these children; and (6) Capital outlay: (A) Review the capital outlay programs for which school systems may be eligible to ensure that each program is effective and adequately funded; and (B) Because the program is currently scheduled to sunset on June 30, 2015, recommend whether and how long the program should be extended. (b) The commission is encouraged, if time permits, to study and evaluate the following issues relating to education financing; (1) Charter schools: (A) Review Georgia's charter laws and determine what changes may need to be made to streamline the chartering process and provide fair funding for the various types of charter schools; and (B) Examine the issue of funding for operations and facilities;

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(2) Career, Technical, and Agriculture Education, dual enrollment, virtual schools: (A) Review the various funding mechanisms for each of these nontraditional programs; and (B) Consider the costs of administering these types of programs and the appropriate funding mechanism;
(3) Teacher pay: (A) Review the issue of whether performance pay should be implemented; (B) Determine how such a program could be sustained long-term; and (C) Review the requirements of the federal Race to the Top initiative and how the state may be required to implement performance pay;
(4) Non-QBE grants: (A) Review other grant programs available to school systems, including but not limited to school nutrition, sparsity grants, migrant education, preschool disabled, the severely and emotionally disturbed program, and school nurses; and (B) Make recommendations on funding updates that are needed; and
(5) Other Title 20 revisions: Review all key statutes and provisions of this title to ensure laws are updated and whether any laws which represent an unfunded mandate should be eliminated. (c) The commission shall have the following powers: (1) To request and receive data from and review the records of appropriate agencies and entities to the greatest extent allowed by state and federal law; (2) To accept public or private grants, devises, and bequests; (3) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and (4) To conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (d) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, education experts, economists, and other individuals or firms as determined appropriate by the commission.

20-2-333.1. (a) Staff support for the commission shall be provided by the Department of Education, the Governor's office, the Office of Planning and Budget, the House of Representatives, the Senate, and the Office of Legislative Counsel. The cochairpersons of the commission shall designate an individual to serve as staff director for the commission. (b) The commission may request assistance and input from agencies and organizations as needed, including the University System of Georgia, the Technical College System of Georgia, the Professional Standards Commission, the Georgia Student Finance Commission, the Department of Early Care and Learning, the Office of Student Achievement, the Georgia Partnership for Excellence in Education, the Georgia School Superintendents Association, the Georgia School Boards Association, the Georgia

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Association of Educational Leaders, the Georgia Association of Educators, the Professional Association of Georgia Educators, the Southern Regional Education Board, the Georgia Charter Schools Association, private corporations, and other organizations willing to participate.

20-2-333.2. (a) The commission shall perform its work in accordance with the following:
(1) No later than May 15, 2011: Commission members appointed; (2) No later than June 30, 2011: First commission meeting conducted; (3) September 30, 2011: Interim recommendations completed; (4) December 31, 2011: Proposed legislation for interim recommendations completed; (5) September 30, 2012: Final recommendations completed; and (6) December 31, 2012: Proposed legislation for final recommendations completed. (b) Such recommendations and proposed legislation shall be submitted by the commission in accordance with the schedule in subsection (a) of this Code section to the Governor and the General Assembly; provided, however, that the commission may modify these dates if necessary. (c) The final recommendations shall include a prioritization of all recommendations, including those that do and do not require additional funding. Such final recommendations shall include a proposed timeline for implementation of recommendations, an estimated cost of each recommendation, and the target year for including in the state budget.

20-2-333.3. The commission shall stand abolished and this part shall be repealed on March 31, 2013."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 20-2-84.3, relating to flexibility contracts, as follows:
"(b) No later than June 30, 2015, 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."

SECTION 3. Said chapter is further amended by revising subsection (f) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, as follows:
"(f)(1) For school years 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system.

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(2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section, notwithstanding any law to the contrary, so long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2015."

SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (i) of Code Section 20-2-182, relating to maximum class size, as follows:
"(i)(1) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child's classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:

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

18

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

20

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

21

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

28

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

defined in Code Section 20-2-290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

For school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the system average maximum class size for each instructional program covered under this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph so long as the system average maximum class size is not exceeded; provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes of this paragraph."

SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"(b)(1) For school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the expenditure controls contained in subsection (a) of this Code section relating to

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additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and its report on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section, notwithstanding any law to the contrary, so long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2015."

SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 20-2-211, relating to annual contracts for teachers, as follows:
"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year; provided, however, that for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, each local governing board shall have until May 15 of the current school year to tender such new contracts or provide such written notice. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, or by May 15 for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1, or by June 1 for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only."

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SECTION 7. Said chapter is further amended by revising Code Section 20-2-290, relating to the organization of schools, middle school programs, and scheduling, as follows:
"20-2-290. (a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Schools which house grades six, seven, or eight, or any combination thereof, shall qualify for the middle school program for students; provided, however, that such schools also meet all other provisions of this Code section and criteria and standards prescribed by the State Board of Education. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals.
(b) Local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes.

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(c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 13, 2011.

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CRIMES CONTROLLED SUBSTANCES; DANGEROUS DRUGS.

No. 228 (Senate Bill No. 93).

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, III, IV, and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; 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 paragraph (12) of Code Section 16-13-25, relating to Schedule I controlled substances, by replacing the period at the end of subparagraph (C) with a semicolon and by adding new subparagraphs to read as follows:
"(D) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (E) 2-(2-Methoxyphenyl)-1-(1-pentylindole-3-yl) ethanone (JWH-250); (F) 4-Methoxynaphthalen-1-yl-(1-pentylindole-3-yl) methanone (JWH-081)."

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SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding new subparagraphs to paragraph (3) to read as follows:
"(BBB) 3,4-Methylenedioxypyrovalerone (MDPV); (CCC) 4-Methylmethcathinone (Mephedrone); (DDD) 3,4-Methylenedioxymethcathinone (Methylone); (EEE) 4-Methoxymethcathinone; (FFF) 4-Fluoromethcathinone;"

SECTION 3. Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled substances, by revising subparagraph (L) of paragraph (2) as follows:
"(L) Tiletamine/Zolazepam (Telazol);"

SECTION 4. Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled substances, by replacing the period at the end of paragraph (11) with a semicolon and by adding a new paragraph to read as follows:
"(12) Any drug product in hard or soft gelatin capsule form containing natural dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced from synthetic materials) in sesame oil, for which an abbreviated new drug application (ANDA) has been approved by the FDA under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) which references as its listed drug the drug product referred to in paragraph (8) of this Code section."

SECTION 5. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by adding a new paragraph to subsection (a) to read as follows:
"(30.03) Propofol;"

SECTION 6. Said chapter is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by deleting "or" at the end of paragraph (3), by replacing the period at the end of paragraph (4) with "; or", and by adding a new paragraph to read as follows:
"(5) Pseudoephedrine as an exempt over-the-counter (OTC) Schedule V controlled substance distributed in the same manner as set forth in Code Section 16-13-29.2; provided, however, that such exemption shall take effect immediately and shall not require rulemaking by the State Board of Pharmacy; provided, further, that wholesale drug distributors located within this state and licensed by the State Board of Pharmacy

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and which are registered and regulated by the U.S. Drug Enforcement Administration (DEA) shall not be subject to any board requirements for controlled substances for the storage, reporting, recordkeeping, or physical security of drug products containing pseudoephedrine which are more stringent than those included in DEA regulations."

SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising the following paragraphs of subsection (b) as follows:
"(143) Carglumic Acid;" "(383.5) Fexofenadine See exceptions;" "(806) Reserved;" "(935) Tesamorelin;"

SECTION 8. 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:
"(19.3) Alcaftadine;" "(122.3) Cabazitaxel;" "(153.35) Ceftaroline;" "(213.1) Collagenase clostridium histolyticum;" "(235.5) Dabigatran;" "(237.1) Dalfampridine;" "(247.7) Denosumab;" "(273.5) Dienogest;" "(346.05) Eribulin;" "(386.7) Fingolimod;" "(469.05) IncobotulinumtoxinA;" "(525.2) Liraglutide;" "(531.7) Lurasidone;" "(692.517) Pegloticase;" "(747.4) Polidocanol;" "(1018.5) Ulipristal;" "(1027.3) Velaglucerase;"

SECTION 9. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding a new paragraph to subsection (c) to read as follows:
"(9.6) Fexofenadine when packaged for distribution as an over-the-counter (OTC) drug product;"

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SECTION 10. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (23) of subsection (c) as follows:
"(23) Reserved;"

SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2011.

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CRIMES FOOD, DRUGS, AND COSMETICS MONITOR PRESCRIBING AND DISPENSING OF CONTROLLED SUBSTANCES; ELECTRONIC DATA BASE; HARD COPY REQUIREMENTS; IDENTIFICATION REQUIREMENTS.

No. 229 (Senate Bill No. 36).

AN ACT

To amend Chapter 13 of Title 16 and Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to controlled substances and pharmacists and pharmacies, respectively, so as to implement various measures relating to the regulation and security of prescribing and dispensing controlled substances; to provide for the establishment of a program to monitor the prescribing and dispensing of Schedule II, III, IV, and V controlled substances; to provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to provide for the establishment of an Electronic Database Review Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for limited liability; to provide for penalties; to require that hard copy prescriptions for Schedule II controlled substances be on security paper; to redefine the term "security paper" and provide for approval of such paper prior to sale by the State Board of Pharmacy; to provide for

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exceptions; to provide for rules and regulations; to require identification from persons picking up certain prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, as follows:
"16-13-21. As used in this article, the term:
(0.5) 'Addiction' means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control drug use, craving, compulsive use, and continued use despite harm. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and are not the same as addiction. (1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by:
(A) A practitioner or, in his or her presence, by his or her authorized agent; or (B) The patient or research subject at the direction and in the presence of the practitioner. (1.1) 'Agency' means the Georgia Drugs and Narcotics Agency established pursuant to Code Section 26-4-29. (2) 'Agent' of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (2.1) 'Board' means the State Board of Pharmacy or its designee, so long as such designee is another state entity. (3) 'Bureau' means the Georgia Bureau of Investigation. (4) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (5) 'Conveyance' means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object. (6) 'Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint,

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number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. (6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration. (7) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (8) 'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or 'psychic dependency' means and includes the state of adaptation that is manifested by drug class specific signs and symptoms that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and administration of an antagonist. Physical dependence, by itself, does not equate with addiction. (9) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his or her professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed. (10) 'Dispenser' means a person that delivers a Schedule II, III, IV, or V controlled substance to the ultimate user but shall not include: (A) A pharmacy licensed as a hospital pharmacy by the Georgia Board of Pharmacy pursuant to Code Section 26-4-110; (B) An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; (C) A practitioner or other authorized person who administers such a substance; or (D) A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution. This shall include correctional

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institutions operated by private entities in this state which house inmates under the Department of Corrections. (11) 'Distribute' means to deliver a controlled substance, other than by administering or dispensing it. (12) 'Distributor' means a person who distributes. (12.05) 'FDA' means the United States Food and Drug Administration. (12.1) 'Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (13) 'Immediate precursor' means a substance which the State Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (14) 'Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers) but shall not include functional isomers. (15) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance: (A) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (B) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks

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of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. (17) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical to any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; or (D) Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical to any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (18) 'Opiate' means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (19) 'Opium poppy' means the plant of the species Papaver somniferum L., except its seeds. (19.1) 'Patient' means the person who is the intended consumer of a drug for whom a prescription is issued or for whom a drug is dispensed. (20) 'Person' means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. (21) 'Poppy straw' means all parts, except the seeds, of the opium poppy after mowing. (22) 'Potential for abuse' means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

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(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25. For purposes of this chapter and Code Section 43-34-25, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to prescribe a controlled substance in the course of professional practice or research in this state. (24) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (25) 'Registered' or 'register' means registration as required by this article. (26) 'Registrant' means a person who is registered under this article. (26.1) 'Schedule II, III, IV, or V controlled substance' means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812. (27) 'State,' when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States. (27.1) 'Tolerance' means a physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce a specific effect or a reduced effect is observed with a constant dose over time. Tolerance may or may not be evident during opioid treatment and does not equate with addiction. (28) 'Ultimate user' means a person who lawfully possesses a controlled substance for his or her own use, for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household or an agent or representative of the person. (29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section."

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SECTION 2. Said chapter is further amended by designating Article 2 as Part 1 of Article 2 and by adding a new part to Article 2 to read as follows:

"Part 2

16-13-57. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the agency shall, in consultation with members of the Georgia Composite Medical Board, establish and maintain a program to electronically record into an electronic data base prescription information resulting from the dispensing of Schedule II, III, IV, or V controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such program shall be to assist in the reduction of the abuse of controlled substances, to improve, enhance, and encourage a better quality of health care by promoting the proper use of medications to treat pain and terminal illness, and to reduce duplicative prescribing and overprescribing of controlled substance practices. (b) Such program shall be administered by the agency at the direction and oversight of the board.

16-13-58. (a) The agency shall be authorized to apply for available grants and may accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the program established pursuant to Code Section 16-13-57; provided, however, that neither the board, agency, nor any other state entity shall accept a grant that requires as a condition of the grant any sharing of information that is inconsistent with this part. (b) The agency shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of Code Section 16-13-59. Such grants to dispensers shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of forfeited property, received by the agency for the operation of the program established pursuant to Code Section 16-13-57. The agency shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in this part shall be construed to require a dispenser to incur costs to purchase equipment or software to comply with this part. (c) Nothing in this part shall be construed to require any appropriation of state funds.

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16-13-59. (a) For purposes of the program established pursuant to Code Section 16-13-57, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to:
(1) DEA permit number or approved dispenser facility controlled substance identification number; (2) Date the prescription was dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Patient gender; (12) Method of payment; (13) Approved prescriber identification number or prescriber's DEA permit number; (14) Date the prescription was issued by the prescriber; and (15) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (b) Each dispenser shall submit the prescription information required in subsection (a) of this Code section in accordance with transmission methods and frequency requirements established by the agency on at least a weekly basis and shall report, at a minimum, such prescription information no later than ten days after the prescription is dispensed. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the board and agency. (c) The agency may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit prescription information to the agency by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format and in accordance with the frequency requirements established pursuant to subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the agency. (d) The agency shall not revise the information required to be submitted by dispensers pursuant to subsection (a) of this Code section more frequently than annually. Any such change to the required information shall neither be effective nor applicable to dispensers until six months after the adoption of such changes.

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(e) The agency shall not access or allow others to access any identifying prescription information from the electronic data base after one year from the date such information was originally received by the agency. The agency may retain aggregated prescription information for a period of one year from the date the information is received but shall promulgate regulations and procedures that will ensure that any identifying information the agency receives from any dispenser or reporting entity that is one year old or older is deleted or destroyed on an ongoing basis in a timely and secure manner. (f) A dispenser may apply to the agency for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such dispenser. The agency shall provide guidelines and criteria for what constitutes an undue hardship.

16-13-60. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, prescription information submitted pursuant to Code Section 16-13-59 shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50. (b) The agency, in conjunction with the board, shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients, prescribers, and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to this part are protected. Such information shall not be disclosed to any person or entity except as specifically provided in this part and only in a manner which in no way conflicts with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. (c) The agency shall be authorized to provide requested prescription information collected pursuant to this part only as follows:
(1) To persons authorized to prescribe or dispense controlled substances for the sole purpose of providing medical or pharmaceutical care to a specific patient; (2) Upon the request of a patient, prescriber, or dispenser about whom the prescription information requested concerns or upon the request on his or her behalf of his or her attorney; (3) To local, state, or federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to Article 2 of Chapter 5 of Title 17; and (4) To the agency or the Georgia Composite Medical Board upon the issuance of an administrative subpoena issued by a Georgia state administrative law judge. (d) The board may provide data to government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (e) Any person or entity who receives electronic data base prescription information or related reports relating to this part from the agency shall not provide such information or reports to any other person or entity except by order of a court of competent jurisdiction pursuant to this part.

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(f) Any permissible user identified in this part who directly accesses electronic data base prescription information shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are substantially equivalent to the security measures of the agency. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks. (g) No provision in this part shall be construed to modify, limit, diminish, or impliedly repeal any authority existing on June 30, 2011, of a licensing or regulatory board or any other entity so authorized to obtain prescription information from sources other than the data base maintained pursuant to this part; provided, however, that the agency shall be authorized to release information from the data base only in accordance with the provisions of this part.

16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the agency on matters related to the establishment, maintenance, and operation of how prescriptions are electronically reviewed pursuant to this part. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the reviews, communication to prescribers and dispensers as to the intent of the reviews and how to use the data base, and security of data collected. (b) The advisory committee shall consist of ten members as follows:
(1) A representative from the agency; (2) A representative from the Georgia Composite Medical Board; (3) A representative from the Georgia Board of Dentistry; (4) A representative with expertise in personal privacy matters, appointed by the president of the State Bar of Georgia; (5) A representative from a specialty profession that deals in addictive medicine, appointed by the Georgia Composite Medical Board; (6) A pain management specialist, appointed by the Georgia Composite Medical Board; (7) An oncologist, appointed by the Georgia Composite Medical Board; (8) A representative from a hospice or hospice organization, appointed by the Georgia Composite Medical Board; (9) A representative from the State Board of Optometry; and (10) The consumer member appointed by the Governor to the State Board of Pharmacy pursuant to subsection (b) of Code Section 26-4-21. (c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor.

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(d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. The vice chairperson shall serve as the chairperson at times when the chairperson is absent. (e) The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee.

16-13-62. The agency shall establish rules and regulations to implement the requirements of this part. Nothing in this part shall be construed to authorize the agency to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this part. Nothing in this part shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance with the pain management guidelines developed and adopted by the Georgia Composite Medical Board.

16-13-63. Nothing in this part shall require a dispenser or prescriber to obtain information about a patient from the program established pursuant to this part. A dispenser or prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic data base established pursuant to Code Section 16-13-57.

16-13-64. (a) A dispenser who knowingly and intentionally fails to submit prescription information to the agency as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both, and such actions shall be reported to the licensing board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license. (b) An individual authorized to access electronic data base prescription information pursuant to this part who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of this part shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, a fine not to exceed $5,000.00, or both.

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(c)(1) An individual authorized to access electronic data base prescription information pursuant to this part who knowingly obtains or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both. (2) Any person who knowingly obtains, attempts to obtain, or discloses electronic data base prescription information pursuant to this part under false pretenses shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $100,000.00, or both. (3) Any person who obtains or discloses electronic data base prescription information not specifically authorized herein with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years, a fine not to exceed $250,000.00, or both. (d) Any person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (e) The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties.

16-13-65. (a) This part shall not apply to any veterinarian. (b) This part shall not apply to any drug, substance, or immediate precursor classified as an exempt over the counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accordance with Code Section 16-13-29.2."

SECTION 3. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended in Code Section 26-4-5, relating to definitions applicable to said chapter, by revising paragraph (38.5) as follows:
"(38.5) 'Security paper' means a prescription pad or paper that has been approved by the board for use and contains the following characteristics:
(A) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (B) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (C) One or more industry recognized features designed to prevent the use of counterfeit prescription forms.

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Where security paper is in the form of a prescription pad, each pad shall bear an identifying lot number, and each piece of paper in the pad shall be numbered sequentially beginning with the number one."

SECTION 4. Said chapter is further amended in Code Section 26-4-80, relating to dispensing of prescription drugs, by revising subsection (l) as follows:
"(l) A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306. A pharmacist shall require a person picking up a Schedule II controlled substance prescription to present a government issued photo identification document or such other form of identification which documents legibly the full name of the person taking possession of the Schedule II controlled substance subject to the rules adopted by the board."

SECTION 5. Said chapter is further amended by adding new Code Sections 26-4-80.1 and 26-4-80.2 to read as follows:
"26-4-80.1. (a) Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner must be written on security paper. (b) A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements. (c) If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on approved security paper that meets the requirements of paragraph (38.5) of Code Section 26-4-5. (d) Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use. (e) All vendors shall have their security paper approved by the board prior to marketing or sale in this state.

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(f) The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by paragraph (38.5) of Code Section 26-4-5. The seal shall be affixed to all security paper used in this state. (g) The board may adopt rules necessary for the administration of this Code section. (h) The security paper requirements in this Code section shall not apply to:
(1) Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or (2) Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order."

SECTION 6. This Act shall become effective on July 1, 2011.

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

Approved May 13, 2011.

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CONSERVATION HERITAGE PRESERVE PROPERTIES.

No. 232 (House Bill No. 90).

AN ACT

To amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, so as to authorize the State of Georgia to transfer its interests in heritage preserve properties to a county or local government upon certain conditions; 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. Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, is amended by revising Code Section 12-3-76, relating to use of heritage preserves, as follows:
"12-3-76. (a) Heritage preserves shall be held by the state in trust for the benefit of the present and future generations of the people of the State of Georgia. Each heritage preserve shall be put to the designated use or uses which confer the best and most important benefit to the public. Heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:
(1) A state agency, department, or authority with a direct interest in the use of a heritage preserve must submit in writing a petition to the board that an imperative and unavoidable necessity for such other use exists; (2) Upon receipt of such petition, the board shall give public hearing thereon in the county or counties in which the heritage preserve is located; (3) The board shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and (4) The General Assembly may then determine if such use is in the public interest and may by statute approve such other use of the heritage preserve. (b) The State of Georgia and the Department of Natural Resources may convey fee simple title in a property dedicated as a heritage preserve under Code Section 12-3-75 for good and valuable consideration as determined by the State Properties Commission to a willing county or local government pursuant to the following procedures: (1) The department shall submit a request in writing to the board to remove the heritage preserve dedication from the property and to convey the property to the county or local government, subject to the grant of a perpetual conservation easement to the State of Georgia and the department that is consistent with the best and most important uses established in the written recommendation and approval of the Governor dedicating the property as a heritage preserve and the conservation values identified by the department, as well as any other restrictions applicable to the property; (2) The board shall make a determination, after a public hearing, that the removal of the heritage preserve dedication from the property and its conveyance to the county or local government subject to a conservation easement is in the best interest of the State of Georgia; (3) The conveyance is approved by the General Assembly and the State Properties Commission; and (4) The department shall file with the Secretary of State and the office of the clerk of the superior court of the county or counties in which the property is located a notice of the removal of the heritage preserve dedication simultaneously with the recordation of the conservation easement in the real property records of the county or counties in which the property is located.

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(c) Nothing in this Code section shall be construed so as to give county or local governments the authority to assign their interests in property conveyed pursuant to subsection (b) of this Code section to a private individual or entity. (d) Nothing in this Code section shall be construed so as to compel a county or local government to accept conveyance of a heritage preserve, and no conveyance shall take place without the approval of the local governing authority. (e) In the event that a county or local government that is in receipt of property pursuant to this Code section determines that it is in the best interest of the county or local government, fee simple title to the property may, if approved by the department and the State Properties Commission, revert to the State of Georgia."

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, 2011.

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HEALTH REVENUE AND TAXATION HEALTH CARE SERVICES TAXATION; REAL ESTATE CLOSING STATEMENTS.

No. 238 (House Bill No. 117).

AN ACT

To amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating, respectively, to health and revenue and taxation, so as to provide for state sales and use taxation of certain health care services for a limited period of time; to provide for definitions, exclusions, procedures, conditions, and limitations; to provide for accrual of such taxes based upon certain circumstances; to establish a segregated account within the Indigent Care Trust Fund; to provide for the crediting of certain proceeds and investment thereof; to provide for conditional appropriations; to provide for automatic repeal of certain provisions of this Act; to provide that the person listed on the closing statement as the seller shall be treated as the seller and shall be subject to the withholding and documentation requirements; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows:
"31-8-152.1. (a) There is established within the trust fund a segregated account for revenues raised through the sales and use tax on charges defined in subparagraph (H) of paragraph (31) of Code Section 48-8-2. An amount equal to the amount of state sales and use tax proceeds on such charges which have been collected and remitted to the state revenue commissioner shall be credited by the state revenue commissioner on a monthly basis to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury. (b) The department shall make application to the federal Department of Health and Human Services for state plan amendments for the 2012 fiscal year that will improve the delivery of long-term care through the use of enhanced case management services and establishing a new base year for nursing home facility cost reports. (c) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be authorized to be made for the sole purpose of obtaining federal financial participation for medical assistance payments for long-term care services, including nursing home services, that are referred by a SOURCE Case Management Provider, as defined in paragraph (34.1) of Code Section 48-8-2. Any appropriation from the segregated account for any purpose other than such medical assistance payments shall be void. (d) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (e) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year. (f) This Code section shall stand automatically repealed on the date the state treasurer certifies in writing to the commissioner that federal matching funds have ceased to be available or on June 30, 2014, whichever date is earlier. (g) The department is authorized to adopt rules and regulations to implement this Code section."

SECTION 1-2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-2, relating to definitions applicable to sales and use tax, by

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revising paragraph (31) by deleting "or" at the end of subparagraph (F), by replacing the period with "; or" at the end of subparagraph (G), and by adding a new subparagraph to read as follows:
"(H)(i) Charges made for services by a person which are the subject of a referral from a SOURCE Case Management Provider. (ii) This subparagraph shall stand automatically repealed on the date the state treasurer certifies in writing to the commissioner that federal matching funds have ceased to be available or on June 30, 2014, whichever date is earlier."

SECTION 1-3. Said title is further amended in said Code section by adding two new paragraphs to read as follows:
"(30.1) 'Referral from a SOURCE Case Management Provider' means the authorization of, arrangement for, or coordination of long-term care services, including nursing home services by a SOURCE Case Management Provider. This subparagraph shall stand automatically repealed on the date the state treasurer certifies in writing to the commissioner that federal matching funds have ceased to be available or on June 30, 2014, whichever date is earlier. "(34.1) 'SOURCE Case Management Provider' means an entity that has successfully completed the Georgia Medicaid Enhanced Case Management Application and enrollment process, including any related required training, and has entered into a contract with the Department of Community Health, Division of Medical Assistance to provide enhanced case management services. This subparagraph shall stand automatically repealed on the date the state treasurer certifies in writing to the commissioner that federal matching funds have ceased to be available or on June 30, 2014, whichever date is earlier."

SECTION 1-4. Said title is further amended in subsection (f) of Code Section 48-8-30, relating to imposition of tax, rates, and collection, by adding a new paragraph to read as follows:
"(3)(A) Assessments of the state sales and use tax under this article on the charges described in subparagraph (H) of paragraph (31) of Code Section 48-8-2 shall accrue commencing on July 1, 2011; provided, however, that collection of such state sales and use tax upon such charges shall not commence until the commissioner of community health has provided written notification to the state revenue commissioner that until such time as the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services has approved the state plan amendments described in subsection (b) of Code Section 31-8-152.1. In the event that such approval is not obtained or is reversed, or that the federal financial participation is not available with respect to revenues derived from such state sales and use tax, all accrued amounts

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of such tax shall lapse, and the charges described in subparagraph (H) of paragraph (31) of Code Section 48-8-2 shall not constitute sales for purposes of this article.
(B)(i) The charges for services described in subparagraph (H) of paragraph (31) of Code Section 48-8-2 shall be subject to state sales and use tax only and shall in no event be subject to any local sales and use tax. (ii) For purposes of this subparagraph, the term 'local sales and use tax' means 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'; or by or pursuant to any article of this chapter other than Article 1 of this chapter. (C) This paragraph shall stand automatically repealed on the date the state treasurer certifies in writing to the commissioner that federal matching funds have ceased to be available or on June 30, 2014, which"ever date is earlier."

PART II SECTION 2-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (b) of Code Section 48-7-128, relating to withholding tax on sale or transfer of real property and associated tangible personal property by nonresidents, by adding a new paragraph to read as follows:
"(3) The person or entity identified as the seller on the settlement statement shall be considered the seller for all purposes regarding this Code section, including, but not limited to, executing and delivering to the buyer or transferee all forms or other documents incident to determining the appropriate amount of tax to be withheld or the appropriate amount exempt from withholding requirements."

PART III SECTION 3-1.

(a) This part and Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective on July 1, 2011.

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

Approved May 13, 2011.

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ELECTIONS NONPARTISAN ELECTION DATE; QUALIFYING DATES.

No. 239 (House Bill No. 158).

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 change the date of the nonpartisan election; to provide for qualifying dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising subsections (c) and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, as follows:
"(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays." "(i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection:

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(1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (B) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (3) Candidates required to file nomination petitions under subsection (e) of this Code section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election."

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SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."

SECTION 3. Said chapter is further amended by revising Code Section 21-2-138, relating to nonpartisan elections for judicial offices, as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office shall have their names placed on the nonpartisan portion of each ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly

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as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating to nonpartisan elections authorization, as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

SECTION 5. Said chapter is further amended by revising Code Section 21-2-285.1, relating to form of nonpartisan election ballot, as follows:
"21-2-285.1. The names of all candidates for offices which the General Assembly has by general law or local Act provided for election in a nonpartisan election shall be printed on each official primary ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for party nomination to other offices by being listed last on each ballot, with the top of that portion of each official primary ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' In addition, there shall be a ballot that contains just the official nonpartisan election ballot available for electors who choose not to vote in a party primary. Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot

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shall appear immediately under the caption, as specified by rule or regulation of the State Election Board. Immediately under the directions, the name of each such nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which they are candidates and be printed thereunder. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general primary runoff in the same manner as prescribed in this Code section for the nonpartisan election and there shall be a separate official nonpartisan election runoff ballot for those electors who do not choose or are not eligible to vote in the general primary runoff. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

SECTION 6. Said chapter is further amended by revising subsections (g) and (h) of Code Section 21-2-325, relating to form of ballot labels generally, as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonpartisan election is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan election also. In nonpartisan elections, the ballot labels shall include a separate portion for

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the names of candidates seeking election in a nonpartisan election and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'"

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

Approved May 13, 2011.

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ELECTIONS NUMEROUS REVISIONS INCLUDING OATHS; POLL OFFICERS; VOTERS; QUALIFYING
DATES AND LISTS; REGISTRATION; PRECINCTS; ABSENTEE BALLOTS;
TABULATION; FACSIMILE BALLOTS; AND OTHERS.

No. 240 (Senate Bill No. 82).

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 provide for oaths of election superintendents and election supervisors and designees of boards of election; to provide that appointments of poll officers shall be made available to the public; to clarify who may vote in runoff primaries; to provide for the qualifying dates for nonpartisan candidates; to provide that the list of persons who have qualified with the state executive committee of a political party shall be provided to the office of the Secretary of State; to clarify the manner of appointment of registrars; to require registrars to check the data bases of convicted felons and deceased persons maintained by the Secretary of State prior to approving a voter registration application; to provide for the confidentiality of e-mail addresses maintained by registrars; to provide for certain adjustments to precincts which contain more than 2,000 electors when all those electors desiring to vote at the last general election were unable to complete voting within one hour following the closing of the polls; to remove the requirement to certify that each election shall be conducted using certain voting equipment; to allow the use of the federal write-in ballot for voting on constitutional amendments and referenda; to clarify that the registrars or absentee ballot clerk may deliver an absentee ballot to an elector who is confined in a hospital; to provide for the time for preparation and transmittal of absentee ballots; to provide for a notice to be included with absentee ballots of all withdrawn,

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deceased, and disqualified candidates and any substitute candidates; to provide for certain notices with regard to the early processing and tabulation of absentee ballots; to provide for the option to use different primaries and elections for the pilot project for electronic transmission of certain absentee ballots; to change certain provisions regarding the maintenance of sample or facsimile ballots; to provide that the superintendent shall provide at polling places copies of sample or facsimile ballots for such primary or election and a list of the certified write-in candidates; to remove certain archaic language regarding vote tabulation machines; to provide for additional vote review panels; to change certain provisions regarding the time for certifying election results; to provide for a method for recounts for certain elections regarding constitutional amendments and binding referenda; to provide for the swearing in of certain persons; to provide for the crime of solicitation of voter fraud; to provide for punishment; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (15) of Code Section 21-2-70, relating to powers and duties of superintendents, as follows:
"(15)(A) In the case of a judge of the probate court serving as the election superintendent, such person shall take an oath in the following form upon assuming the duties of election superintendent which shall apply to all primaries and elections conducted by such person throughout such person's tenure as election superintendent:
I, ____________________________, do swear (or affirm) that I will as superintendent duly attend all ensuing primaries and elections 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 such primaries and elections, and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability. (B) In the case of a board of elections, each member of the board shall take an oath in the following form upon becoming a member of the board which shall apply to all primaries and elections conducted by the board throughout such person's tenure on the board: I, ____________________________, do swear (or affirm) that I will as a member of the board of elections duly attend all ensuing primaries and elections 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 such primaries and elections, and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability.

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(C) In the case of an election supervisor or designee for a board of elections or board of elections and registration, the election supervisor or designee shall take an oath in the following form upon being appointed as an election supervisor or designee of the board which shall apply to all primaries and elections conducted by the board throughout such person's tenure:
I, ____________________________, do swear (or affirm) that I will duly attend all ensuing primaries and elections 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 such primaries and elections, and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability. (D) Each judge of the probate court serving as an election superintendent, each member of a board of elections or board of elections and registration, and each election supervisor or designee for a board of elections or board of elections and registration serving on July 1, 2011, shall take the appropriate oath as set forth in this Code section which shall apply to all primaries and elections conducted throughout such person's tenure in that position.

SECTION 2. Said chapter is further amended by revising Code Section 21-2-90, relating to the appointment of chief manager and assistant managers, as follows:
"21-2-90. All elections and primaries shall be conducted in each polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each polling place shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall make such order available for public inspection upon request. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve."

SECTION 2A. Said chapter is further amended by revising paragraph (1) of subsection (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, as follows:

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"(1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays;"

SECTION 3. Said chapter is further amended by revising Code Section 21-2-152, relating to the conduct of primaries generally, by adding a new subsection to read as follows:
"(c) A run-off primary shall be a continuation of the primary and only persons who were entitled to vote in the primary shall be entitled to vote therein; and only those votes cast for the persons designated for the runoff shall be counted in the tabulation and canvass of the votes cast. Any elector who votes in the primary of one party shall not be eligible to vote in a primary runoff of any other party other than a primary runoff of the party in whose primary such elector voted."

SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (d) of Code Section 21-2-153, relating to posting of list of all qualified candidates for party nomination, as follows:
"(d)(1) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the office of the county election superintendent a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall provide a list of all candidates who have qualified with such committee to the office of the Secretary of State. If the election superintendent qualifies the candidates for a political party in accordance

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with subsection (c) of this Code section, the election superintendent shall post at his or her office a list of all the candidates who have qualified with such superintendent for such political party."

SECTION 5. Said chapter is further amended by revising subsections (a) and (e) of Code Section 21-2-212, relating to the appointment of county registrars, as follows:
"(a) Except in the case in which a county has a board of elections and registration, the judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint in accordance with this Code section, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Except in the case in which the local Act creating a county board of elections and registration specifically provides for the appointment and removal by another authority, such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section." "(e) If, within 90 days of the end of the term or the creation of a vacancy for a county registrar, an appointment is not made in accordance with subsection (a) of this Code section, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the county governing authority. The county governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrar's term of office. Such designation shall likewise be entered on the minutes of such governing authority. It

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shall be the duty of the county governing authority to certify the appointments and designation to the Secretary of State and the clerk of the superior court within 30 days after such appointments and designation. In certifying such names to the Secretary of State and the clerk of the superior court, the county governing authority shall also list the addresses of the registrars. Such registrars shall serve for the term and in the manner set forth in subsection (a) of this Code section. Any registrar shall have the right to resign at any time by submitting a resignation to the clerk of the superior court. In the event of the death, resignation, or removal of any registrar, such registrar's duties and authority as such shall terminate instantly. Successors shall be appointed as set forth in subsection (a) of this Code section."

SECTION 6. Said chapter is further amended by revising Code Section 21-2-216, relating to qualifications of electors generally, by adding a new subsection to read as follows:
"(h) Prior to approving the application of a person to register to vote, the registrars may check the data bases of persons convicted of felonies and deceased persons maintained by the Secretary of State."

SECTION 7. Said chapter 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) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the month and day of birth, the social security numbers, e-mail addresses, 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 agencies of this state, to agencies of other states and territories of the United States, and to agencies of the federal government 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. Information regarding an elector's year of birth shall be available for public inspection."

SECTION 8. Said chapter is further amended by revising Code Section 21-2-263, relating to reduction in size of precincts containing more than 2,000 electors when voting in such precincts at previous general election not completed one hour after closing of polls, as follows:

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"21-2-263. If at the previous general election a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall either reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election or provide additional voting equipment or poll workers or both before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in the boundaries of a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1."

SECTION 9. Said chapter is further amended by revising subsection (d) of Code Section 21-2-379.2, relating to written verification and certification prior to election or primary, as follows:
"(d) Reserved."

SECTION 10. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 21-2-381, relating to making of application for absentee ballot, as follows:
"(2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office. The registrar or absentee ballot clerk may deliver the ballot in person to the elector if such elector is confined to a hospital."

SECTION 11. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots by qualified absentee electors, as follows:
"(2) Except as provided in paragraph (3) of this subsection, an elector who is 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 vote in any election for a public office other than for a federal office by using the addendum provided in the federal write-in absentee ballot and writing in the title of the office and the name of the candidate for whom the elector is voting. In a general, special, or run-off election, the elector may alternatively designate a candidate by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person who the elector prefers for each office. A written designation of the political party shall be

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counted as a vote for the candidate of that party. In addition, such elector may vote on any constitutional amendment or question presented to the electors in such election by identifying the constitutional amendment or question with regard to which such elector desires to vote and specifying the elector's vote on such amendment or question."

SECTION 12. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2-384, relating to preparation and delivery of absentee ballots and supplies, as follows:
"(a)(1) The superintendent shall, in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election or as soon as possible prior to a runoff. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants at least 45 days, but no earlier than 46 days, prior to any presidential preference primary, general primary, general election other than a municipal general primary or general election, or special election in which there is a candidate for a federal office on the ballot; at least 21 days, but no earlier than 22 days, prior to any municipal general primary or general election; and as soon as possible prior to a runoff. In the case of all other special elections, the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within two days after the receipt of such ballots and supplies, but no earlier than 22 days prior to the election; provided, however, that should any elector of the jurisdiction be permitted to vote beginning 45 days prior to a primary or election, all electors of such jurisdiction shall be entitled to vote beginning 45 days prior to such primary or election. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, and at least 21 days prior to any municipal general primary or general election, mail or electronically transmit official absentee ballots to all electors 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.

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(3) The date a ballot is voted in the registrars' or absentee ballot clerk's office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. (b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State, and a notice in the form provided by the Secretary of State of all withdrawn, deceased, and disqualified candidates and any substitute candidates pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error."

SECTION 13. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, as follows:
"(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the day of the primary, election, or runoff open the inner envelopes in accordance with

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the procedures prescribed in this subsection and begin tabulating the absentee ballots. If the county election superintendent chooses to open the inner envelopes and begin tabulating such ballots prior to the close of the polls on the day of the primary, election, or runoff, the superintendent shall notify in writing, at least seven days prior to the primary, election, or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls. The county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such county shall have the right to designate one person to act as monitors for such process. In the event that the only issue to be voted upon in an election is a referendum question, the superintendent shall also notify in writing the chief judge of the superior court of the county who shall appoint two electors of the county to monitor such process."

SECTION 14. Said chapter is further amended by revising Code Section 21-2-387, relating to pilot program for electronic handling of absentee ballots, as follows:
"21-2-387. (a) The Secretary of State shall develop and implement a pilot program for the electronic transmission, receipt, and counting of absentee ballots by 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, for use in a primary or a general election. (b) Such pilot program shall provide, at a minimum, for:
(1) The encryption of information and the transmission of such information over a secure network; (2) The authentication of such information; (3) The verification of the identity and eligibility of the elector to vote in the primary, election, or runoff, as the case may be; (4) The protection of the privacy, anonymity, and integrity of the ballots cast; (5) The prevention of the casting of multiple ballots by the same elector in a primary, election, or runoff; (6) The prevention of any tampering, abuse, fraudulent use, or illegal manipulation of such system; (7) The uninterrupted reliability of such system for casting ballots by qualified voters; (8) The capability of the elector to determine if the electronic transmission of the ballot was successful; (9) The ability to audit such ballots and to verify that such ballots were properly counted; and

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(10) The ability to verify that the information transmitted over the secure network was not viewed or altered by sites that lie between the voting location and the vote counting destination. (c) The Secretary of State shall develop procedures by which persons who are eligible to utilize the pilot program to vote shall be notified of its availability and the procedures and methods for its utilization. (d) The provisions of this article shall apply to ballots requested, transmitted, voted, received, and counted under this pilot program as nearly as practicable, but the Secretary of State and the State Election Board shall be authorized to vary such provisions by rule or regulation as necessary to accomplish the goals of this pilot program, provided that such variances shall retain and maintain the same degree of security and integrity of such ballots as provided by this article although in different forms or formats as necessitated by the technology utilized in such pilot program. The Secretary of State and the State Election Board are authorized to promulgate such rules and regulations as necessary to implement the provisions of this Code section and to provide for such variances to this article as needed pursuant to this subsection. (e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the primary or general election in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future primaries and elections. (f) The pilot program shall be used in the first primary or general election following: (1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and (2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such primary or general election. (g) This Code section shall be repealed by operation of law on July 1 of the year following the conclusion of the pilot program."

SECTION 15. Said chapter is further amended by revising subsection (c) of Code Section 21-2-400, relating to preparation and distribution of sample or facsimile ballot labels, as follows:
"(c) The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."

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SECTION 16. Said chapter is further amended by revising Code Section 21-2-401, relating to delivery of forms and supplies to precincts, by adding a new subsection to read as follows:
"(d) The superintendent shall provide at the polling place copies of the sample or facsimile ballots for such primary or election as well as a list of the certified write-in candidates for such election in the form as provided by the Secretary of State or appropriate municipal official pursuant to Code Section 21-2-133."

SECTION 17. Said chapter is further amended by revising subsection (g) of Code Section 21-2-483, relating to counting of ballots, as follows:
"(g)(1) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voter's intent as described in subsection (c) of Code Section 21-2-438.
(2)(A) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under paragraph (1) of this subsection and shall determine by majority vote whether the elector's intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control. (B) The election superintendent may create multiple vote review panels in accordance with subparagraph (A) of this paragraph to handle the processing of such ballots more efficiently. Upon the creation of such panels, the election superintendent shall designate one of the panels as the chief vote review panel. In the event of a disagreement on such additional panels, the ballots in question shall be reviewed by the chief vote review panel and decided in accordance with the procedures contained in subparagraph (A) of this paragraph."

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SECTION 18. Said chapter is further amended by revising subsection (k) of Code 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 thn 5:00 P.M. on the Monday following the date on which such election was held and such returns shall be immediately transmitted to the Secretary of State."

SECTION 19. Said chapter is further amended by revising subsection (c) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, as follows:
"(c)(1) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of two business days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified. (2) Whenever the difference between the number of votes for approval or rejection of a constitutional amendment or binding referendum question shall be not more than 1 percent of the total votes which were cast on such amendment or question therein, within a period of two business days following the certification of the election results, the Constitutional Amendments Publication Board shall be authorized in its discretion to call

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for a recount of the votes cast with regard to such amendment or question. In the case of a constitutional amendment or state-wide referendum question or a question voted upon by the electors of more than one county, the board shall direct the Secretary of State to cause a recount to be performed with regard to such amendment or question in all counties involved and notify the superintendents of the recount. In the case of questions voted upon by the electors of only one county or municipality, the board shall direct the Secretary of State to cause a recount to be conducted by the county or municipality involved and the Secretary of State shall notify the superintendent involved of the recount. Upon notification, the superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."

SECTION 20. Said chapter is further amended by revising subsection (b) of Code Section 21-2-503, relating to issuance of commission to person whose election is contested, and by adding a new subsection to read as follows:
"(b) Upon the certification of the results of the election, a person elected to a municipal office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into municipal office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately. (c) Upon the certification of the results of the election, a person elected to a federal, state, or county office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into such office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately."

SECTION 21. Said chapter is further amended by adding a new Code section to Article 15, relating to miscellaneous offenses, to read as follows:
"21-2-604. (a)(1) A person commits the offense of criminal solicitation to commit election fraud in the first degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.

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(2) A person commits the offense of criminal solicitation to commit election fraud in the second degree when, with intent that another person engage in conduct constituting a misdemeanor under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct. (b)(1) A person convicted of the offense of criminal solicitation to commit election fraud in the first degree shall be punished by imprisonment for not less than one nor more than three years. (2) A person convicted of the offense of criminal solicitation to commit election fraud in the second degree shall be punished as for a misdemeanor. (c) It is no defense to a prosecution for criminal solicitation to commit election fraud that the person solicited could not be guilty of the crime solicited. (d) The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state."

SECTION 21A. (a) Section 2A of this Act shall become effective on July 1, 2011, only if House Bill 158 is passed by the General Assembly during the 2011 regular session and is approved by the Governor or becomes law without such approval. Otherwise, Section 2A shall be repealed by operation of law on such date and shall be of no force and effect. (b) The remaining sections of this Act shall become effective on July 1, 2011.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2011.

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ELECTIONS IN-PERSON ABSENTEE BALLOTING LIMITATIONS; ADVANCE VOTING.

No. 241 (House Bill No. 92).

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 provide limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; to provide for procedures; to provide for exceptions; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (2) of subsection (b) of Code Section 21-2-381, relating to making application for an absentee ballot, as follows:
"(2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and then:
(A) Shall mail the ballot as provided in this Code section; (B) If the application is made in person, shall issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office if issued during the advance voting period established pursuant to subsection (d) of Code Section 21-2-385; or (C) May deliver the ballot in person to the elector if such elector is confined to a hospital."

SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2-384, relating to preparation and delivery of absentee ballots and supplies, as follows:
"(a)(1) The superintendent shall, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election, prepare, obtain, and deliver an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election, mail or electronically transmit official absentee ballots to all electors 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.

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(3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date a ballot is mailed or issued to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. (b) Except for ballots voted within the confines of the registrar's or absentee ballot clerk's office, in addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error."

SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and adding a new subsection to read as follows:
"(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot may be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office if such application is made during the advance voting period as provided in subsection (d)

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of this Code section or may be mailed to the elector, depending upon the elector's request. If the ballot is issued to the elector at the time of application, the elector shall then and there within the confines of the registrar's or absentee ballot clerk's office vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. In the case of persons voting in accordance with subsection (d) of this Code section, the board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot.
(d)(1) There shall be a period of advance voting that shall commence on the fourth Monday immediately prior to each primary or election and as soon as possible prior to a runoff and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary or election during the hours of 9:00 A.M. through 4:00 P.M.; provided, however, that in primaries and elections in which there are no federal or state candidates on the ballot, no Saturday voting hours shall be required. Except as otherwise provided in this paragraph, counties and municipalities may extend the hours for voting beyond regular business hours and may provide for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option. (2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice to the electors of their jurisdiction of the availability of advance voting as well as the times, dates, and locations at which advance voting will be conducted. In addition, the registrars or absentee ballot clerk shall notify the Secretary of State in the manner prescribed by the Secretary of State of the times, dates, and locations at which advance voting will be conducted."

SECTION 4. Said chapter is further amended by revising Code Section 21-2-385.1, relating to preferential treatment for older and disabled voters, as follows:
"21-2-385.1. During the period of advance voting established pursuant to subsection (d) of Code Section 21-2-385, 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."

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

Approved May 13, 2011.

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MILITARY QUARANTINE OR VACCINATION ORDER; CHALLENGE; JUDICIAL EMERGENCY ORDERS.

No. 242 (House Bill No. 339).

AN ACT

To amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials for certain judicial emergencies; to extend the duration of a judicial emergency order when a public health emergency exists; 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 38 of the Official Code of Georgia Annotated, relating to emergency powers, is amended by revising subsection (i) of Code Section 38-3-51, relating to emergency powers of the Governor, as follows:
"(i)(1) The Governor may direct the Department of Community Health to coordinate all matters pertaining to the response of the state to a public health emergency including without limitation:
(A) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state; (B) Coordinating public health emergency responses between state and local authorities; (C) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies; (D) Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies;

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(E) Organizing public information activities regarding state public health emergency response operations; and (F) Providing for special identification for public health personnel involved in a public health emergency. (2) The following due process procedures shall be applicable to any quarantine or vaccination program instituted pursuant to a declaration of a public health emergency: (A) Consonant with maintenance of appropriate quarantine rules, the department shall permit access to counsel in person or by such other means as practicable that do not threaten the integrity of the quarantine; (B) An order imposing a quarantine or a vaccination program may be appealed but shall not be stayed during the pendency of the challenge. The burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger. With respect to vaccination, the state's burden of proof shall be met by clear and convincing evidence. With respect to quarantine, the state's burden of proof shall be met by a preponderance of the evidence; (C) An individual or a class may challenge the order before any available judge of the superior courts in the county where the individual or a member of the class resides or in Fulton County. Such judge, upon attestation of the exigency of the circumstances, may proceed ex parte with respect to the state or may appoint counsel to represent the interests of the state or other unrepresented parties. The judge hearing the matter may consolidate a multiplicity of cases or, on the motion of a party or of the court, proceed to determine the interests of a class or classes. The rules of evidence applicable to civil cases shall be applied to the fullest extent practicable taking into account the circumstances of the emergency. All parties shall have the right to subpoena and cross-examine witnesses, but in enforcement of its subpoena powers the court shall take into account the circumstances of the emergency. All proceedings shall be transcribed to the extent practicable. Filing fees shall be waived and all costs borne by the state; (D) The judge hearing the matter may enter an appropriate order upholding or suspending the quarantine or vaccination order. With respect to vaccination, the order may be applicable on notice to the department or its agents administering the vaccination, or otherwise in the court's discretion. With respect to quarantines, the order shall be automatically stayed for 48 hours; (E) The department or any party may immediately appeal any order to the Supreme Court pursuant to paragraph (7) of subsection (a) of Code Section 5-6-34. The Supreme Court, or any available Justice thereof in the event that circumstances render a full court unavailable, shall consider the appeal on an expedited basis and may suspend any time requirements for the parties to file briefs. In the event no Justice is available, then a panel of the Court of Appeals, or any Judge thereof in the event that circumstances render a panel unavailable, shall consider the appeal on an expedited basis and may suspend any time requirements for the parties to file briefs. If the trial judge has proceeded ex parte or with counsel appointed for the state, the trial court shall either

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direct the filing of an appeal in its order or itself certify the order for appeal. Filing fees for appeal shall be waived, all costs shall be borne by the state, and such appeals shall be heard expeditiously; and (F) No provisions of this paragraph shall be construed to limit or restrict the right of habeas corpus under the laws of the United States."

SECTION 2. Said article is further amended by revising paragraph (1) of Code Section 38-3-60, relating to definitions regarding judicial emergencies, as follows:
"(1) 'Authorized judicial official' means any of the following officials when acting with regard to his or her respective jurisdiction:
(A) The Chief Justice of the Georgia Supreme Court; (B) A chief judge of a Georgia superior court judicial circuit; or (C) The replacement for or successor to any of the officials set forth in subparagraphs (A) and (B) of this paragraph, as determined by the applicable rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act."

SECTION 3. Said article is further amended by revising subsection (b) of Code Section 38-3-61, relating to declaration of judicial emergency, as follows:
"(b) An order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each unless a public health emergency exists as set forth in Code Section 38-3-51, in which case the Chief Justice of the Supreme Court of Georgia may extend the emergency order for so long as such emergency exists, as declared by the Governor. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order."

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

Approved May 13, 2011.

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HEALTH PERTUSSIS DISEASE.

No. 243 (House Bill No. 249).

AN ACT

To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, so as to provide for information on pertussis disease by hospitals to parents of newborn infants; 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. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, is amended by adding a new Code section to read as follows:
"31-1-12. (a) During the postpartum period and prior to discharge, each hospital shall provide parents of newborns educational information on pertussis disease and the availability of a vaccine to protect against such disease. Such educational information shall include, but not be limited to, information on the recommendation by the federal Centers for Disease Control and Prevention that parents of newborns receive the vaccination during the postpartum period to protect the newborns from the transmission of pertussis. (b) Nothing in this Code section shall be construed to require any hospital to provide or pay for any vaccination against pertussis."

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

Approved May 13, 2011.

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HEALTH HEMOPHILIA ADVISORY BOARD ACT; CREATE DEPARTMENT, BOARD, AND COMMISSIONER OF PUBLIC HEALTH.

No. 244 (House Bill No. 214).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to establish the Department of Public Health; to reassign functions of the Division of Public Health of the Department of Community Health to the Department of Public Health; to provide for transition to the new agency; to create a Board of Public Health and a commissioner of public health; to amend various titles for purposes of conformity; 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 Hemophilia Advisory Board Act.

SECTION 1-1. Parts I and II of this Act shall be known and may be cited as the "Hemophilia Advisory Board Act."

SECTION 1-2. The General Assembly finds that hemophilia and other bleeding disorders are devastating health conditions that can cause serious financial, social, and emotional hardships for patients and their families. Hemophilia and other bleeding disorders are incurable, so appropriate lifetime care and treatment are necessities for maintaining optimum health. Advancements in drug therapies are allowing individuals greater latitude in managing their conditions, fostering independence, and minimizing chronic complications. As a result, individuals are living longer and are healthier and more productive. However, the rarity of these disorders coupled with the delicate processes of producing clotting factor concentrates makes treating these disorders extremely costly. It is the intent of the General Assembly to establish an advisory board to provide expert advice to the state on health and insurance policies, plans, and programs that impact individuals with hemophilia and other bleeding disorders.

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PART II Creation of the Hemophilia Advisory Board.

SECTION 2-1. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows:
"31-1-12. (a) The commissioner of public health in conjunction with the commissioner of community health shall establish an independent advisory board known as the Hemophilia Advisory Board.
(b)(1) The following persons shall serve as nonvoting members of the Hemophilia Advisory Board:
(A) The commissioner of public health or a designee; and (B) The commissioner of community health or a designee. (2) The following voting members shall be appointed by the commissioner of public health, in consultation with the commissioner of community health, and shall serve a three-year term: (A) One member who is a board certified physician licensed, practicing, and currently treating individuals with hemophilia and other bleeding disorders and who specializes in the treatment of these individuals; (B) One member who is a nurse licensed, practicing, and currently treating individuals with hemophilia and other bleeding disorders; (C) One member who is a social worker licensed, practicing, and currently treating individuals with hemophilia and other bleeding disorders; (D) One member who is a representative of a federally funded hemophilia treatment center in this state; (E) One member who is a representative of a nonprofit organization that has, as its primary purpose, the provision of services to the population of this state with hemophilia and other bleeding disorders; (F) One member who is a person who has hemophilia; (G) One member who is a caregiver of a person who has hemophilia; and (H) One member who is a person who has a bleeding disorder other than hemophilia or who is a caregiver of a person who has a bleeding disorder other than hemophilia. (3) The Hemophilia Advisory Board may also have up to five additional nonvoting members as determined appropriate by the commissioner and the commissioner of community health. These nonvoting members may be persons with, or caregivers of a person with, hemophilia or other bleeding disorder or persons experienced in the diagnosis, treatment, care, and support of individuals with hemophilia or other bleeding disorders.

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(c)(1) Board members shall elect from among the voting board members a presiding officer. The presiding officer retains all voting rights. (2) A majority of the members shall constitute a quorum at any meeting held by the Hemophilia Advisory Board. (3) If there is a vacancy on the Hemophilia Advisory Board, such position shall be filled in the same manner as the original appointment. (4) Members of the Hemophilia Advisory Board shall receive no compensation for service on the Hemophilia Advisory Board. (d) The Hemophilia Advisory Board shall meet at least quarterly and at the call of the commissioner, the commissioner of community health, or the presiding officer and follow all policies and procedures of Chapter 14 of Title 50, relating to open and public meetings. (e) The department shall provide reasonably necessary administrative support for Hemophilia Advisory Board activities. (f) The Hemophilia Advisory Board shall review and make recommendations to the commissioner and the commissioner of community health with regard to issues that affect the health and wellness of persons living with hemophilia and other bleeding disorders, including, but not limited to, the following: (1) Proposed legislative or administrative changes to policies and programs that are integral to the health and wellness of individuals with hemophilia and other bleeding disorders; (2) Standards of care and treatment for persons living with hemophilia and other bleeding disorders, taking into consideration the federal and state standards of care guidelines developed by state and national organizations, including, but not limited to, the Medical and Scientific Advisory Council of the National Hemophilia Foundation; (3) The development of community based initiatives to increase awareness of care and treatment for persons living with hemophilia and other bleeding disorders; and (4) The coordination of public and private support networking systems. (g) The Hemophilia Advisory Board shall, no later than six months after the effective date of this Code section, and annually thereafter, submit to the Governor and the General Assembly a report of its findings and recommendations. Annually thereafter, the commissioner of public health, in consultation with the commissioner of community health, shall report to the Governor and the General Assembly on the status of implementing the recommendations as proposed by the Hemophilia Advisory Board. The reports shall be made public and shall be subject to public review and comment."

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PART III Creation of the Department of Public Health.

SECTION 3-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:

"CHAPTER 2A

31-2A-1. (a) There is created the Board of Public Health which shall establish the general policy to be followed by the Department of Public Health. The powers, functions, and duties of the Board of Community Health as they existed on June 30, 2011, with regard to the Division of Public Health and the Office of Health Improvement, unless otherwise provided in this Act, are transferred to the Board of Public Health effective July 1, 2011. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive the same daily expense allowance and reimbursement of expenses as provided in Code Section 45-7-21 for members of other state boards.

31-2A-2. (a) There is created a Department of Public Health. The powers, functions, and duties of the Division of Public Health and the Office of Health Improvement of the Department of Community Health as they existed on June 30, 2011, unless otherwise provided in this Act, are transferred to the Department of Public Health effective July 1, 2011. (b) There is created the position of commissioner of public health. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the Governor. Subject to the general policy established by the board, the commissioner

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shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.

31-2A-3. (a) The Department of Public Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Community Health that are in effect on June 30, 2011, or scheduled to go into effect on or after July 1, 2011, and which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Community Health that are in effect on June 30, 2011, which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Public Health by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions as identified by the Office of Planning and Budget entered into before July 1, 2011, by the Department of Community Health which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2 shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Public Health. In all such instances, the Department of Public Health shall be substituted for the Department of Community Health, and the Department of Public Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Community Health in capacities which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2 on June 30, 2011, shall, on July 1, 2011, become employees of the Department of Public Health in similar capacities, as determined by the commissioner of public health. Such employees shall be subject to the employment practices and policies of the Department of Public Health on and after July 1, 2011, 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 Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration. Accrued annual and sick leave possessed by the transferred employees on June 30, 2011, shall be retained by such employees as employees of the Department of Public Health.

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(d) On July 1, 2011, the Department of Public Health shall receive custody of the state owned real property in the custody of the Department of Community Health on June 30, 2011, and which pertains to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2.

31-2A-4. The Department of Public Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (7) Prevent, detect, and relieve physical defects and deformities; (8) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder;

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(12) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935; and (13) Exchange data with the Department of Community Health for purposes of health improvement and fraud prevention for programs operated by the Department of Community Health pursuant to mutually agreed upon data sharing agreements and in accordance with federal confidentiality laws relating to health care.

31-2A-5. (a) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (b) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall:
(1) Raise awareness of women's nonreproductive health issues; (2) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (3) Serve as a clearing-house for women's health information for purposes of planning and coordination; (4) Issue reports of the office's activities and findings; and (5) Develop and distribute a state comprehensive plan to address women's health issues. (c) The council shall meet upon the call of its chairperson, the board, or the commissioner.

31-2A-6. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and

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regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Public Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.

31-2A-7. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.

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(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the department, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (c) The department shall establish a uniform method of obtaining conviction data under subsection (b) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning individuals in the care of the department and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data, all such conviction data collected by the department or its agent shall be maintained by the department or agent pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Nothing in this Code section shall be construed to allow criminal history information, including arrest and conviction date, to be released or disclosed to any individual, including members of county boards of health, who is not directly involved in the hiring process. (e) The department may promulgate written rules and regulations to implement the provisions of this Code section. (f) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any person in the care of the department. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the

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submission to the Georgia Crime Information Center of fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such persons to the proper law enforcement agency for a name based check of such person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such circumstances, the department shall submit fingerprints of those persons together with any required records search fee to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. (g) The department shall be authorized to conduct a name or descriptor based check of any person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who provides care or is in contact with persons under the care of the department without the consent of such person and without fingerprint comparison to the fullest extent permissible by federal and state law."

SECTION 3-2. Code Sections 31-2-7, 31-2-8, 31-2-10, 31-2-12, 31-2-13, 31-2-17, 31-2-17.1, and 31-2-18 of the Official Code of Georgia Annotated, relating to the Department of Community Health as the agency of the state for receipt and administration of federal and other funds, studies and surveys of programs, venue of actions against the department or board, standards for sewage management systems, rules and regulations governing operation of land disposal sites for septic tank waste from one business, a diabetes coordinator, the Georgia Diabetes Control Grant Program, and the director of the Division of Public Health, respectively, are redesignated and amended as follows:
"31-2A-8. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law. The department shall have the authority to prescribe the purposes for which such funds may be used in order to:
(1) Provide, extend, and improve maternal and child health services;

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(2) Locate children already disabled or suffering from conditions leading to a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs:
(A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source.

31-2A-9. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs.

31-2A-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.

31-2A-11. (a) As used in this Code section, the term:
(1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall

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soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.

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(2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper that fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system.

31-2A-12. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012.

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31-2A-13. The commissioner is authorized to appoint a diabetes coordinator within the department to coordinate with other state departments and agencies to ensure that all programs that impact the prevention and treatment of diabetes are coordinated, that duplication of efforts is minimized, and that the impact of such programs is maximized in an attempt to reduce the health consequences and complications of diabetes in Georgia. The department shall serve as the central repository for this state's departments and agencies for data related to the prevention and treatment of diabetes.

31-2A-14. (a) There is established within the Department of Public Health the Georgia Diabetes Control Grant Program. The purpose of the grant program shall be to develop, implement, and promote a state-wide effort to combat the proliferation of Type 2 diabetes and pre-diabetes. (b) The program shall be under the direction of a seven-member advisory committee, appointed by the Governor. The Governor, in making such appointments, shall ensure to the greatest extent possible that the membership of the advisory committee is representative of this state's geographic and demographic composition, with appropriate attention to the representation of women, minorities, and rural Georgia. The appointments made by the Governor shall include one member who is:
(1) A physician licensed in this state; (2) A registered nurse licensed in this state; (3) A dietitian licensed in this state; (4) A diabetes educator; (5) A representative of the business community; (6) A pharmacist licensed in this state; and (7) A consumer who has diabetes. The commissioner, or his or her designee, shall serve as an ex officio, nonvoting member of the advisory committee. Appointed advisory committee members shall be named for five-year terms staggered so that one term will expire each year, except for the fourth and fifth year, when two terms will expire. Their successors shall be named for five-year terms. (c) The Georgia Diabetes Control Grant Program shall be authorized to administer two grant programs targeted at new, expanded, or innovative approaches to address diabetes as follows: (1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and

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(2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and self-management targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs. (d) The advisory committee shall work with the department to establish grant criteria and make award decisions, with the goal of creating a state-wide set of resources to assist residents of Georgia in their efforts to prevent or treat diabetes. Grants shall not be used for funding existing programs. (e) The grant program shall be under the direction of the diabetes coordinator appointed pursuant to Code Section 31-2A-13. The department shall provide sufficient staff, administrative support, and such other resources as may be necessary for the diabetes coordinator to carry out the duties required by this Code section. (f) This Code section shall be subject to appropriation from the General Assembly.

31-2A-15. (a) In addition to other authority and duties granted in this title, the commissioner shall:
(1) Provide a written report of expenditures made for public health purposes in the prior fiscal year to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor no later than December 1 of each year beginning December 1, 2010; and (2) Serve as the chief liaison to county boards of health through their directors on matters related to the operations and programmatic responsibilities of such county boards of health; provided, however, the commissioner may designate a person from within the department to serve as such chief liaison. (b) The commissioner shall be authorized to convene one or more panels of experts to address various public health issues and may consult with experts on epidemiological and emergency preparedness issues.

SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-12" wherever it occurs with "Code Section 31-2A-11":
(1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and

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(3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules.

SECTION 3-4. The following Code section of the Official Code of Georgia Annotated is amended by replacing "Code Section 31-2-13" wherever it occurs with "Code Section 31-2A-12":
(1) Code Section 12-8-41, relating to permits issued by the Department of Natural Resources for land disposal sites.

SECTION 3-5. Code Section 31-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to health generally, is revised as follows:
"31-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Board' means the Board of Public Health. (2) 'Commissioner' means the commissioner of public health. (3) 'Department' means the Department of Public Health."

SECTION 3-6. Code Section 31-1-10 of the Official Code of Georgia Annotated, relating to the state health officer, is amended as follows:
"31-1-10. (a) The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the pleasure of the Governor. (b) The state health officer shall perform such health emergency preparedness and response duties as assigned by the Governor."

PART IV Changes to the Department of Community Health.

SECTION 4-1. Said title is further amended by revising Code Section 31-2-1, relating to legislative intent and the grant of authority to the Department of Community Health, as follows:
"31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:

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(1) Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department; (3) Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; (5) Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of conditions deleterious to health or to determine compliance with applicable laws and rules, regulations, and standards thereunder; and (7) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed."

SECTION 4-2. Code Section 31-2-4 of the Official Code of Georgia Annotated, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, is amended as follows:
"31-2-4. (a)(1)(A) The Department of Community Health is re-created and established to perform the functions and assume the duties and powers exercised on June 30, 2009, by the Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of Community Health effective July 1, 2009. The department shall retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998). (B) On and after July 1, 2011, the functions, duties, and powers of the Department of Community Health relating to the former Division of Public Health of the Department of Human Resources shall be performed and exercised by the Department of Public

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Health pursuant to Code Section 31-2A-2. No power, function, responsibility, duty, or similar authority held by the Department of Community Health as of June 30, 2009, shall be diminished or lost due to the creation of the Department of Public Health. (2) The director of the Division of Public Health in office on June 30, 2009, and the director of the Office of Regulatory Services in office on June 30, 2009, shall become directors of the respective division or office which those predecessor agencies or units have become on and after July 1, 2009, and until such time as the commissioner appoints other directors of such divisions or units. The position of director of the Division of Public Health shall be abolished effective July 1, 2011. (b) Reserved. (c) The Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician work force issues; (3) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; (6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-7-94.1; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds

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appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; (8) Shall classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the Department of Behavioral Health and Developmental Disabilities. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-8 and 31-7-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term '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, support, 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; (9) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter 6 of Title 49. Such schedules shall be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics

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of the United States Department of Labor. All fees paid thereunder shall be paid into the general funds of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this paragraph be used to support and improve the quality of licensing services provided by the department; and (10)(A) May accept the certification or accreditation of an entity or program by a certification or accreditation body, in accordance with specific standards, as evidence of compliance by the entity or program with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit, provided that such certification or accreditation is established prior to the issuance or renewal of such permits. The department may not require an additional departmental inspection of any entity or program whose certification or accreditation has been accepted by the department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Nothing in this Code section shall prohibit either departmental inspections for violations of such standards or requirements or the revocation of or refusal to issue or renew permits, as authorized by applicable law, or for violation of any other applicable law or regulation pursuant thereto. (B) For purposes of this paragraph, the term:
(i) 'Entity or program' means an agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (8) of this subsection; and Article 7 of Chapter 6 of Title 49. (ii) 'Permit' means any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in division (i) of this subparagraph."

SECTION 4-3. Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to the creation of the commissioner of community health, is amended by revising subsection (b) as follows:
"(b) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department."

SECTION 4-4. Code Sections 31-2-9, 31-2-11, 31-2-14, 31-2-15, and 31-2-16 of the Official Code of Georgia Annotated, relating to rules and regulations, actions against certain applicants or licensees, records check requirements for certain facilities, information and comparisons regarding state-wide cost and quality of health care, and biopharmaceuticals, respectively, are redesignated as Code Sections 31-2-7, 31-2-8, 31-2-9, 31-2-10, and 31-2-11, respectively.

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SECTION 4-5. Code Section 31-2-19 of the Official Code of Georgia Annotated, relating to the Advisory Council for Public Health, is repealed.

SECTION 4-6. The following Code section of the Official Code of Georgia Annotated is amended by replacing "Code Section 31-2-9" wherever it occurs with "Code Section 31-2-7":
(1) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are unlawful.

SECTION 4-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-11" wherever it occurs with "Code Section 31-2-8":
(1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relating to hospitals and other health care facilities; (3) Code Section 31-7-302, relating to rules and regulations relating to private home care providers; (4) Code Section 31-8-60, relating to retaliation against a resident and interference with the long-term care ombudsman prohibited; (5) Code Section 31-8-135, relating to hearings for residents of personal care homes; (6) Code Section 31-44-11, relating to the authority of the Department of Community Health to deal with violations relating to renal disease facilities; (7) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (8) Code Section 49-6-84, relating to the authority of the Department of Community Health relating to adult day centers.

SECTION 4-8. Code Section 31-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for the indigent generallly, is amended by adding a new paragraph to read as follows:
"(0.5) 'Department' means the Department of Community Health."

SECTION 4-9. Code Section 31-8-31 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for nonresident indigents, is amended by adding a new paragraph to read as follows:
"(2.1) 'Department' means the Department of Community Health."

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SECTION 4-10. Code Section 31-8-41 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for pregnant women, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Community Health."

SECTION 4-11. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions relative to the "Long-term Care Facility Resident Abuse Reporting Act," is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Community Health."

SECTION 4-12. Code Section 31-8-102 of the Official Code of Georgia Annotated, relating to definitions relative to the "Bill of Rights for Residents of Long-term Care Facilities," is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Community Health."

SECTION 4-13. Code Section 31-8-132 of the Official Code of Georgia Annotated, relating to definitions relative to the "Remedies for Residents of Personal Care Homes Act," is amended by adding a new paragraph to read as follows:
"(2.1) 'Department' means the Department of Community Health."

SECTION 4-14. Code Section 31-8-180 of the Official Code of Georgia Annotated, relating to definitions relative to disclosure of treatment of Alzheimer's disease or Alzheimer's related dementia, is amended by adding a new paragraph to read as follows:
"(3) 'Department' means the Department of Community Health."

SECTION 4-15. Code Section 31-13-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Radiation Control Act," is amended by adding a new paragraph to read as follows:
"(1.2) 'Department' means the Department of Community Health."

SECTION 4-16. Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, is amended by adding new paragraphs to read as follows:
"(2.1) 'Commissioner' means the commissioner of community health. (2.2) 'Department' means the Department of Community Health."

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SECTION 4-17. Code Section 31-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to eye banks, is amended by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and adding a new subsection to read as follows:
"(1) 'Department' means the Department of Community Health."

SECTION 4-18. Code Section 31-44-1 of the Official Code of Georgia Annotated, relating to definitions relative to renal disease facilities, is amended by redesignating paragraphs (1) through (6) as paragraphs (3) through (8), respectively, and adding new paragraphs to read as follows:
"(1) 'Board' means the Board of Community Health. (2) 'Department' means the Department of Community Health."

PART V Various Code Sections Affected.

SECTION 5-1. Code Section 12-5-4 of the Official Code of Georgia Annotated, relating to programs for voluntary water conservation and enhancing water supply, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'agency' or 'agencies' means the Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Finance Authority, the Department of Community Affairs, the State Forestry Commission, the Department of Community Health, the Department of Public Health, the Department of Agriculture, and the State Soil and Water Conservation Commission individually or collectively as the text requires."

SECTION 5-2. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended by revising subsection (a) as follows:
"(a) The Brain and Spinal Injury Trust Fund Commission shall consist of 16 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission:
(1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; (5) The Department of Public Health; and

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(6) The Department of Human Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Public Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the Georgia State Medical Association. The Governor shall also establish initial terms of office for all 16 members of the board within the limitations of this subsection."

SECTION 5-3. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows:
"17-18-1. When any employee of the Department of Human Services, Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language."

SECTION 5-4. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to the Georgia Child Fatality Review Panel, is amended by revising paragraph (15) of subsection (c) as follows:
"(15) The commissioner of public health; and"

SECTION 5-5. Code Section 24-9-40 of the Official Code of Georgia Annotated, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist, is amended by revising subsection (a) as follows:
"(a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the

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Department of Public Health, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation or to the Department of Community Health, its divisions, agents, or successors where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness."

SECTION 5-6. Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsections (h), (t), (x), and (aa) as follows:
"(h)(1) 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 Public Health:
(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. (2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Public Health is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Public Health the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Public Health. (3) The Department of Public Health may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reasonably necessary to protect the health and safety of that person or other persons who

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may have come in contact with the body fluids of the HIV infected person. The Department of Public Health or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person; (B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and (C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty." "(t)(1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to: (A) A prosecutor in connection with a prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60; (B) Any party in a civil cause of action; or (C) A public safety agency or the Department of Public Health if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of that employee, and for purposes of this subsection the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph. (2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. (3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the information is sought. The disclosure to the parties of that person's true name shall be communicated confidentially, in documents not filed with the court.

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(4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party. (5) Court proceedings as to disclosure of AIDS confidential information under this subsection shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court. (6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspection that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. (7) The record of the proceedings under this subsection shall be sealed by the court. (8) An order may not be issued under this subsection against the Department of Public Health, any county board of health, or any anonymous HIV test site operated by or on behalf of that department." "(x) Neither the Department of Public Health nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is authorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process." "(aa) In connection with any civil or criminal action in which AIDS confidential information is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confidential information, establish a chain of custody relating thereto, or otherwise testify regarding that information, including but not limited to testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply to records, personnel, or both of the Department of Public Health or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60."

SECTION 5-7. Code Section 26-4-85 of the Official Code of Georgia Annotated, relating to patient counseling and optimizing drug therapy, is amended by revising paragraph (3) of subsection (d) as follows:

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"(3) Patients receiving drugs from the Department of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section."

SECTION 5-8. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the state-wide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows:
"26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Public Health, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Public Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Public Health, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Public Health and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum:
(1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program."

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SECTION 5-9. Code Section 31-1-3.1 of the Official Code of Georgia Annotated, relating to reporting disabled newborn persons, is amended by revising subsections (e) and (g) as follows:
"(e) The department shall: (1) Maintain records of reports, notifications, and referrals made under this article; and (2) Maintain and update rosters of public and private departments or agencies which provide services to persons who have disabilities like those of disabled newborn persons and send copies of such rosters and an annual update thereof to each county board of health for those boards of health to make such rosters available to the public."
"(g) Any person or entity with whom the department enters into a contract after June 30, 1987, for services shall, as a condition of that contract, register with the department (formerly the Division of Public Health of the Department of Community Health) the various services that person or entity is capable of or is already providing to disabled newborn persons and persons having disabilities like those of disabled newborn persons for purposes of the roster of services the department maintains under paragraph (2) of subsection (e) of this Code section."

SECTION 5-10. Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of Title 31, is amended as follows:
"31-5-9. (a) The Department of Public Health and all county boards of health and the Department of Community Health, as appropriate, are empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the department, any county board of health, or the Department of Community Health provided that this Code section shall not apply to violations of the provisions of Chapter 20 of this title. The department, the county boards of health, and the Department of Community Health, as appropriate, are also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department, any county board, or the Department of Community Health, as the case may be, in the county in which a violation of any provision of this title occurs. For purposes of this Code section, the county boards of health are declared to be legal entities capable of maintaining actions in their respective names without naming the individuals constituting such board, or acting on behalf of the department, as the case may be. (b) Notwithstanding the provisions of Code Section 5-6-13, an appeal or a notice of intent to appeal an adjudication of contempt of court of a party subject to an interlocutory or final judgment in a court action for an injunction instituted under authority of this Code section

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for a violation of a licensing requirement of this title shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case after making a finding that the health, safety, or welfare of the recipients of the services will not be substantially harmed by the issuance of the stay. (c) Unless otherwise ordered by the court pursuant to subsection (b) of this Code section, an interlocutory or final judgment in an action granting an injunction under this Code section may be enforced by attachment for contempt."

SECTION 5-11. Code Section 31-5-20 of the Official Code of Georgia Annotated, relating to the definition of the term "inspection warrant," is amended as follows:
"31-5-20. As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health."

SECTION 5-12. Code Section 31-5-21 of the Official Code of Georgia Annotated, relating to persons who may obtain inspection warrants, is amended as follows:
"31-5-21. The commissioner or the commissioner of community health or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner of community health or the director of any county board of health, or the agents of any, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health."

SECTION 5-13. Code Section 31-8-52 of the Official Code of Georgia Annotated, relating to duties of the state long-term care ombudsman, is amended as follows:
"31-8-52. Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Services has been required to establish and operate a

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long-term care ombudsman program. In order to receive such funds, the department has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner of human services or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship of at least seven working days in a nursing home and at least three working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman."

SECTION 5-14. Code Section 31-9A-6 of the Official Code of Georgia Annotated, relating to reporting requirements, is amended as follows:
"31-9A-6. (a) The Department of Public Health shall prepare a reporting form for physicians performing abortions in a health facility licensed as an abortion facility by the Department of Community Health containing a reprint of this chapter and listing:
(1) The number of females to whom the physician provided the information described in paragraph (1) of Code Section 31-9A-3; of that number, the number to whom the information was provided by telephone and the number to whom the information was provided in person; and of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; (2) The number of females to whom the physician or a qualified agent of the physician provided the information described in paragraph (2) of Code Section 31-9A-3; of that number, the number to whom the information was provided by telephone and the number to whom the information was provided in person; of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; and of each

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of those numbers, the number to whom the information was provided by the physician and the number to whom the information was provided by a qualified agent of the physician; (3) The number of females who availed themselves of the opportunity to obtain a copy of the printed information described in Code Section 31-9A-4, other than on the website, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; and (4) The number of females who were provided the opportunity to view the fetal image and hear the fetal heartbeat; of that number, the number who elected to view the sonogram and the number who elected to listen to the fetal heartbeat, if present. (b) The Department of Public Health shall ensure that copies of the reporting forms described in subsection (a) of this Code section are provided: (1) Not later than September 7, 2005, to all health facilities licensed as an abortion facility by the Department of Community Health; (2) To each physician licensed or who subsequently becomes licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and (3) By December 1 of each year, other than the calendar year in which forms are distributed in accordance with paragraph (1) of this subsection, to all health facilities licensed as an abortion facility by the Department of Community Health. (c) By February 28 of each year following a calendar year in any part of which this chapter was in effect, each physician who provided, or whose qualified agent provided, information to one or more females in accordance with Code Section 31-9A-3 during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (a) of this Code section with the requested data entered accurately and completely. (d) Nothing in this Code section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions. (e) Reports that are not submitted within a grace period of 30 days following the due date shall be subject to a late fee of $500.00 for that period and the same fee for each additional 30 day period or portion of a 30 day period the reports are overdue. Any physician required to submit a report in accordance with this Code section who submits an incomplete report or fails to submit a report for more than one year following the due date may, in an action brought by the Department of Public Health, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or may be subject to sanctions for civil contempt. (f) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each report shall also provide the statistics for all previous calendar years adjusted to reflect any additional information from late or corrected

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reports. The Department of Public Health shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who provided information in accordance with Code Section 31-9A-3 or 31-9A-4. (g) The Department of Public Health may, by regulation, alter the dates established by subsection (c) or (e) of this Code section or paragraph (3) of subsection (b) of this Code section or may consolidate the forms or reports described in this Code section with other forms or reports for reasons including, but not limited to, achieving administrative convenience or fiscal savings or reducing the burden of reporting requirements, so long as reporting forms are sent to all facilities licensed as an abortion facility by the Department of Community Health at least once every year and the report described in subsection (f) of this Code section is issued at least once every year. (h) The Department of Public Health shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50."

SECTION 5-15. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows:
"(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Department of Public Health." "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Public Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Public Health."

SECTION 5-16. Code Section 31-11-9 of the Official Code of Georgia Annotated, relating to enforcement and inspections relative to emergency medical services, is amended as follows:
"31-11-9. The department and its duly authorized agents are authorized to enforce compliance with this chapter and rules and regulations promulgated under this chapter as provided in Article 1 of Chapter 5 of this title and, in connection therewith during the reasonable business hours of the day, to enter upon and inspect in a reasonable manner the premises of persons providing ambulance service. All inspections under this Code section shall be in compliance with the provisions of Article 2 of Chapter 5 of this title. The department

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is also authorized to enforce compliance with this chapter, including but not limited to compliance with the EMSC Program and furnishing of emergency services within designated territories, by imposing fines in the same manner as provided in paragraph (6) of subsection (c) of Code Section 31-2-8; this enforcement action shall be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 5-17. Code Section 31-11-81 of the Official Code of Georgia Annotated, 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 transportation licensed or permitted by the Department of Public Health, any hospital licensed or permitted by the Department of Community Health, any hospital based service, or any physician licensed by the Georgia Composite Medical Board who provides emergency services."

SECTION 5-18. Code Section 31-41-12 of the Official Code of Georgia Annotated, relating to definitions relative to the "Childhood Lead Exposure Control Act", is amended by revising paragraph (3) as follows:
"(3) ' Department' means the Department of Public Health."

SECTION 5-19. Code Section 32-12-4 of the Official Code of Georgia Annotated, relating to the State Advisory Subcommittee for Rural and Human Services Transportation, is amended as follows:
"32-12-4. The Georgia Coordinating Committee for Rural and Human Services Transportation shall establish the State Advisory Subcommittee for Rural and Human Services Transportation which shall consist of the State School Superintendent and the commissioners of the Department of Transportation, Department of Human Services, Department of Behavioral Health and Developmental Disabilities, Department of Community Health, Department of Public Health, Department of Labor, the Governor's Development Council, and the Department of Community Affairs or their respective designees. The commissioner of transportation or his or her designee shall serve as chairperson of the State Advisory Subcommittee for Rural and Human Services Transportation. The Georgia Coordinating Committee for Rural and Human Services Transportation may also establish such additional advisory subcommittees as it deems appropriate to fulfill its mission which shall consist of a representative of each metropolitan planning organization and representatives from each regional commission in this state and may include other local government representatives; private and public sector transportation providers, both for profit and nonprofit; voluntary transportation programs representatives; public transit system

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representatives, both rural and urban; and representatives of the clients served by the various programs administered by the agencies represented on the State Advisory Subcommittee for Rural and Human Services Transportation. Members of advisory committees shall be responsible for their own expenses and shall receive no compensation or reimbursement of expenses from the Georgia Coordinating Committee for Rural and Human Services Transportation, the State Advisory Subcommittee for Rural and Human Services Transportation, or the state for their services as members of an advisory committee."

SECTION 5-20. Code Section 37-1-27 of the Official Code of Georgia Annotated, relating to the Suicide Prevention Program, is amended by revising paragraph (1) of subsection (c) and subsection (d) as follows:
"(1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Public Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides;" "(d) The Suicide Prevention Program shall coordinate with and receive technical assistance from epidemiologists and other staff of the Department of Public Health to support the research and outreach efforts related to this program."

SECTION 5-21. Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, is amended by revising subsection (a) as follows:
"(a) There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of public health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code Section 37-2-32; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor."

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SECTION 5-22. Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, developmental disabilities, and addictive diseases service boards, is amended by revising subsections (a) and (b.1) and subparagraph (b)(4)(A) as follows:
"(a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, that the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained."
"(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board." "(b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) or an employee of a county board of health shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the

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department, the Department of Human Services, the Department of Public Health, or the Department of Community Health or a board member of the respective boards of each department shall not serve on a community service board."

SECTION 5-23. Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to the program director, staff, budget, and facilities of community service boards, is amended by revising paragraphs (9) and (15) of subsection (b) as follows:
"(9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate;" "(15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services, in accordance with the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate;"

SECTION 5-24. Code Section 37-2-11.2 of the Official Code of Georgia Annotated, relating to access by the department, Department of Human Services, Department of Community Health, or regional office to records of any program receiving public funds, is amended by revising subsections (a) and (b) as follows:
"(a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Services, the Department of Public Health, the Department of Community Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Public Health, the Department of Community Health, or any regional office unless otherwise specifically authorized by law."

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SECTION 5-25. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising subparagraph (b)(3)(C) as follows:
"(C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;"

SECTION 5-26. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to authority of physician assistants, is amended by revising subparagraph (e.1)(7)(B) and subsection (f) as follows:
"(B) Except in facilities operated by the Department of Public Health, the supervising physician shall review the prescription drug or device order copy and medical record entry for prescription drug or device orders issued within the past 30 days by the physician assistant. Such review may be achieved with a sampling of no less than 50 percent of such prescription drug or device order copies and medical record entries." "(f) A physician employed by the Department of Public Health or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician assistant employed by the Department of Public Health or by any institution thereof or by a local health department."

SECTION 5-27. Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, is amended by revising subsection (g) as follows:
"(g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing:

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(1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Public Health; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity:
(A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization."

SECTION 5-28. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to state purchases without competitive bidding, is amended in subsection (a) as follows:
"(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human services or his or her designee; the commissioner of community health or his or her designee; the commissioner of public health or his or her designee; the commissioner of behavioral health and developmental disabilities or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and

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regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services."

SECTION 5-29. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required under open records laws, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Community Health, the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise."

PART VI Name Changes.

SECTION 6-1. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Public Health of the Department of Community Health" wherever it occurs with "Department of Public Health":
(1) Code Section 15-11-154, relating to appointment of plan manager for dependent child and development of mental competency plan; (2) Code Section 19-13-32, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence; (3) Code Section 31-3-11, relating to appointments of directors and staff for county boards of health; (4) Code Section 31-11-50, relating to medical advisers relative to emergency medical services; (5) Code Section 31-15-4, relating to the cancer control officer; (6) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (7) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (8) Code Section 43-34-23, relating to delegation of authority to nurse or physician assistant; and

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(9) Code Section 49-5-225, relating to local interagency committees.

SECTION 6-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Public Health" wherever it occurs with "Department of Public Health":
(1) Code Section 31-41-11, relating to legislative findings relative to the "Childhood Lead Exposure Control Act"; and (2) Code Section 31-41-19, relating to rules and regulations to implement the "Childhood Lead Exposure Control Act."

SECTION 6-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Community Health" wherever it occurs with "Department of Public Health":
(1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state; (4) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (5) Code Section 12-5-175, relating to fluoridation of public water systems; (6) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (7) Code Section 12-8-41, relating to permits issued by the Department of Natural Resources for land disposal sites; (8) Code Section 15-11-66.1, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime; (9) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (10) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10.1) Subsection (d) of Code Section 16-12-141, relating to when abortion is legal; (10.2) Code Section 16-12-141.1, relating to disposal of aborted fetuses, except for paragraphs (1) and (3) of subsection (d) and the second reference in subsection (h); (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-35.1, relating to AIDS brochures for applicants for a marriage license; (13) Code Section 19-3-40, relating to blood tests for sickle cell disease;

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(14) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (15) Code Section 19-15-1, relating to definitions relative to child abuse; (16) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (17) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (18) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (19) Code Section 20-2-260, relating to capital outlay funds generally; (20) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students; (21) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (22) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (23) Code Section 20-2-778, relating to required information to parents of students regarding meningococcal meningitis; (24) Reserved; (25) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (26) Code Section 26-2-371, relating to permits required for food service establishments; (27 Code Section 26-2-372, relating to the issuance of permits for food service establishments; (28) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Community Health and county boards of health for food service establishments; (29) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (30) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (31) Code Section 26-2-376, relating to review of final order or determination by Department of Community Health regarding regulation of a food service establishment; (32) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (33) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Community Health with respect to standards, labeling, and adulteration of drugs and cosmetics; (34) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances;

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(35) Code Section 29-4-18, relating to the appointment of a temporary medical consent guardian; (36) Code Section 31-1-3.2, relating to hearing screenings for newborns; (37) Code Section 31-3-4, relating to powers of county boards of health; (38) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Community Health and county boards of health; (39) Code Section 31-8-192, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act'; (39.1) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (40) Code Section 31-9A-4, relating to information to be made available by the Department of Community Health under the "Woman's Right to Know Act"; (41) Code Section 31-10-1, relating to definitions relative to vital records; (42) Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy with respect to emergency medical services; (43) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (44) Code Section 31-11-53.1, relating to automated external defibrillator program; (45) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (46) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (47) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (48) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (49) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (50) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (51) Code Section 31-12A-10, relating to enforcement by the Department of Community Health and county boards of health of the "Georgia Smokefree Air Act of 2005"; (52) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; (53) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (54) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (55) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease;

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(56) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (57) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (58) Code Section 31-17-4.2, relating to HIV pregnancy screening; (59) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (60) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (61) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (62) Code Section 31-22-9.1, relating to who may perform HIV tests; (63) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (64) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (65) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (66) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (67) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (68) Code Section 31-28-6, relating to inspection of premises of tourist courts; (69) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (70) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (71) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (72) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (73) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (74) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; (75) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (76) Code Section 31-43-3, relating to the creation of the Commission on Men's Health; (77) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (78) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (79) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (80) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools;

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(81) Code Section 31-47-1, relating to the purpose of the Arthritis Prevention and Control Program; (82) Code Section 33-24-59.2, relating to insurance coverage for equipment and self-management training for individuals with diabetes; (83) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (84) Code Section 34-9-1, relating to definitions relative to workers' compensation; (85) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (86) Code Section 37-2-2, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services; (87) Code Section 37-2-3, relating to designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; (88) Code Section 37-2-5, relating to regional planning boards establishing policy and direction for disability services; (89) Code Section 37-2-6.2, relating to employees whose jobs include duties or functions which became duties or functions of a community service board on July 1, 1994; (90) Code Section 37-2-6.4, relating to reconstituting or converting of organizational structure of community service boards; (91) Code Section 37-10-2, relating to the Interstate Compact on Mental Health; (92) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (93) Code Section 38-3-51, relating to emergency powers of the Governor; (94) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (95) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (96) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (97) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (98) Code Section 42-4-32, relating to sanitation and health requirements for jails; (99) Code Section 42-5-52, relating to classification and separation of inmates generally; (100) Code Section 42-5-52.2, relating to testing of prison inmates for HIV; (101) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; (102) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist;

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(103) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (104) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (105) Reserved; (106) Code Section 43-34-26.1, relating to influenza vaccine protocol agreements; (107) Code Section 45-9-1, relating to general provisions relative to insuring and indemnification of state officers and employees; (108) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (109) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (110) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (111) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (112) Code Section 50-16-3, relating to property of state boards and departments; (113) Reserved; and (114) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws.

SECTION 6-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Community Health" wherever it occurs with "Board of Public Health":
(1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-11-2, relating to definitions relative to emergency medical services; (3) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (4) Code Section 31-11-31.1, relating to license fees on ambulance services; (5) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (6) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (7) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers.

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SECTION 6-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of community health" and "commissioner of the department of community health" wherever either term occurs with "commissioner of public health":
(1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (8) Code Section 31-10-1, relating to definitions relative to vital records; (9) Code Section 31-11-2, relating to definitions relative to emergency medical services; (10) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (11) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (12) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (13) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (14) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (15) Code Section 31-47-2, relating to the role and duties of the commissioner relative to the arthritis prevention and control program; (16) Code Section 31-47-3, relating to the acceptance of grants for the arthritis prevention and control program; (17) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (18) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (19) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (20) Code Section 43-1A-4, relating to the Occupational Regulation Review Council;

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(21) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (22) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; (23) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission; and (24) Code Section 45-9-110, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services.

SECTION 6-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "division" and "division's" with "department" and "department's", respectively:
(1) Code Section 31-41-13, relating to notice of lead poisoning hazard; (2) Code Section 31-41-14, relating to abatement of lead poisoning hazard; (3) Code Section 31-41-16, relating to certificate evidencing compliance; and (4) Code Section 31-41-17, relating to advice regarding cleaning activities in homes occupied by children with elevated blood lead levels.

PART VII Effective Date and Repealer.

SECTION 7-1. This Act shall become effective on July 1, 2011.

SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2011.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; CORRECTIONS.

No. 245 (House Bill No. 142).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have

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become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-7-113.1, relating to the prohibition of local regulation of pesticides and variances from rule or regulation of the Commissioner of Agriculture, by replacing "the Natural Resources and the Environment Committee of the House of Representatives" with "the Natural Resources and Environment Committee of the House of Representatives" in subsection (b).

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-1001, relating to the licensing of mortgage lenders and mortgage brokers and exemptions for certain persons and entities and registration requirements, by replacing "of this Code section shall obtain" with "of this Code section, shall obtain" in subsection (b). (2) Code Section 7-1-1004, relating to the investigation of mortgage broker and lender applicants and their officers, audit, and education, experience, and other requirements

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relative to licensees and registrants, by replacing "Investigation, and" with "Investigation and" in paragraph (1) of subsection (j).

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (1) Code Section 8-2-111, relating to building and housing definitions in regard to units designed to be affixed to foundations or existing buildings, by replacing "part," with "part" in paragraph (6.1).

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 10-5-76, relating to public records and exceptions relative to administration of the "Georgia Uniform Securities Act of 2008," by replacing "Code Section 10-5-21;" with "Code Section 10-5-71;" in paragraph (1) of subsection (b). (2) Code Section 10-14-6, relating to irrevocable trust funds in regard to cemetery and funeral services, by revising paragraph (1) of subsection (f) as follows:
"(f)(1) The assets of a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to former Code Sections 53-8-1 through 53-8-4 as such existed on December 31, 1997, if applicable; Code Section 53-8-1; or Code Section 53-12-340. Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments."

SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended in: (1) Code Section 11-9-333, relating to priority of certain liens, by revising the introductory language of subsection (a) as follows:
"(a) Year's support; property taxes; other state taxes; other taxes or judgments. Except as is expressly provided to the contrary elsewhere in this article and in subsection (b) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended; former Code Section 53-7-91

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as such existed on December 31, 1997, if applicable; and Code Section 53-7-40, relating to the priority of debts against the estate of a decedent, as now or hereafter amended; provided, nevertheless, that:"

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-2-8, relating to the promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state and stream and reservoir buffers, by replacing "Georgia Forestry Commission" with "State Forestry Commission" in division (g)(2)(D)(i). (2) Code Section 12-3-522.1, relating to the joint operation between the Georgia Music Hall of Fame and the Georgia Sports Hall of Fame and proposals for accomplishing objectives, by replacing "property management and other activities" with "property management, and other activities" and by replacing "management and operation" with "management, and operation" both times it appears. (3) Code Section 12-3-562.1, relating to the joint operation between the Georgia Sports Hall of Fame and the Georgia Music Hall of Fame and proposals for accomplishing objectives, by replacing "property management and other activities" with "property management, and other activities" and by replacing "management and operation" with "management, and operation" both times it appears. (4) Chapter 3, relating to parks, historic areas, memorials, and recreation, by revising and redesignating Code Section 12-3-651, relating to the creation of the Georgia Agrirama Development Authority, delegation of powers, duration, and designation as the State Museum of Agriculture, as follows:
" 20-3-73.1. The Georgia Agrirama is designated and shall be recognized as the State Museum of Agriculture."; and by revising and redesignating Code Section 12-3-662, relating to the continuation of the Georgia Agrirama Development Authority, governance, and transfer of assets, as follows: " 20-3-73.2. (a) After June 30, 2010, the Board of Regents of the University System of Georgia shall be the successor to and a continuation of the former Georgia Agrirama Development Authority provided under former provisions of Article 11 of Chapter 3 of Title 12 as such existed on June 30, 2010, and shall continue the mission of the former authority. (b) The change of the governance of the State Museum of Agriculture and its continuation, as provided in this Code section, shall in no way affect any existing obligations, liabilities, or rights of the authority as such existed on June 30, 2010. All such obligations, liabilities, and rights are transferred to, vested in, and assumed by the Board of Regents of the University System of Georgia. All existing contracts and agreements between any party and the authority shall not be affected by this Code section but shall continue in full force

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and effect, without interruption, as contracts or agreements of the Board of Regents of the University System of Georgia. (c) All right, title, interest, and ownership of all assets, including all real estate, of the authority are transferred to and vested in the Board of Regents of the University System of Georgia."; and by repealing the remainder of Article 11 of said Chapter 3, relating to the Georgia Agrirama Development Authority, which consists of obsolete Code Sections 12-3-650 and 12-3-652 through 12-3-661. (5) Code Section 12-5-4, relating to programs for voluntary water conservation and enhancing water supply, by replacing "Georgia Department of Natural Resources," with "Department of Natural Resources,", by replacing "the Georgia Department of Community Affairs," with "the Department of Community Affairs,", by replacing "the Georgia Forestry Commission," with "the State Forestry Commission,", by replacing "the Georgia Department of Community Health," with "the Department of Community Health,", by replacing "the Georgia Department of Agriculture," with "the Department of Agriculture,", and by replacing "the Georgia Soil and Water Conservation Commission" with "the State Soil and Water Conservation Commission" in subsection (a). (6) Code Section 12-5-7, relating to local variances from state restrictions on outdoor watering, by replacing "4 P.M." with "4:00 P.M." in paragraph (1) of subsection (a.1). (7) Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage, by replacing "provided, however, a county" with "provided, however, that a county, municipal, or other" in subsection (f). (8) Code Section 12-5-524, relating to the creation of the Water Council and obligations of the council, by replacing "Georgia Forestry Commission" with "State Forestry Commission" in subsection (a). (9) Code Section 12-8-104, relating to the powers and duties of the director of the voluntary remediation program, by replacing "To collect assess, receive," with "To collect, assess, receive," in paragraph (5) of subsection (a). (10) Code Section 12-8-104.1, relating to the establishment of the Voluntary Remediation Escrow Account and the role and duties of the director, by replacing "interest bearing account" with "interest-bearing account" in subsection (a). (11) Code Section 12-11-4, relating to the creation of the Georgia Youth Conservation Corps, purposes, and rules and regulations, by replacing the period with a semicolon at the end of paragraph (8.1).

Reserved.

SECTION 13.

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SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended in: (1) Code Section 14-8-25, relating to incidents of tenancy in partnership, by revising paragraph (5) of subsection (b) as follows:
"(5) A partner's right in specific partnership property is not subject to the year's support provided for in former Code Sections 53-5-1 and 53-5-2 as such existed on December 31, 1997, if applicable, or in Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7."

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-9-86.1, relating to statements in lieu of stating time of hearing in certain types of probate court proceedings, by revising paragraphs (10) and (11) of subsection (e) as follows:
"(10) Proceedings for determination of heirs at law, as provided in former Code Sections 53-4-30, et seq. as such existed on December 31, 1997; and (11) Proceedings for setting aside year's support, as provided in former Code Section 53-5-8 as such existed on December 31, 1997." (2) Code Section 15-9-127, relating to probate courts and additional concurrent jurisdiction with superior courts, by revising paragraph (3) as follows: "(3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable, or Code Section 53-5-25;" (3) Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and support questions from superior courts to juvenile courts, by revising division (a)(2)(A)(ii) and subdivision (a)(2)(F)(vii)(III) as follows:
"(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) 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;" (4) Code Section 15-11-84, relating to juvenile proceedings and governmental entity defined, sharing information, and confidentiality, by replacing "Governmental entities and state, county, municipal, or consolidated government, or municipal government departments, boards, or agencies shall" with "Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall" at the beginning of subsection (b). (5) Code Section 15-16-21, relating to fees for sheriff's services and disposition of fees, by replacing "in his hands," with "in his or her hands," in paragraph (14) of subsection (b).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-5-21, relating to aggravated assault, by replacing "court interpreter or" with "court interpreter, or" in subsection (l). (2) Code Section 16-9-109.1, relating to fraudulent business practices using the Internet or electronic mail, definitions, penalties and sanctions, and immunity, by replacing "'Electronic mail message'" with "'E-mail message'" at the beginning of paragraph (1) of subsection (a) and by replacing "electronic mail message," with "e-mail message," in paragraph (1) of subsection (b). (3) Code Section 16-9-153, relating to e-mail virus distribution, denial of service attacks, and other conduct prohibited, by replacing "electronic mail" with "e-mail" in subparagraph (a)(1)(A). (4) Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee and exceptions, by adding "and" at the end of subparagraph (c)(3)(B). (5) Code Section 16-11-129, relating to license to carry a weapon, temporary renewal permit, and mandamus, by replacing "the United States Bureau of Immigration and Customs Enforcement" with "United States Immigration and Customs Enforcement" in paragraph (3) of subsection (d). (6) Code Section 16-11-173, relating to firearms and legislative findings, preemption of local regulation and lawsuits, and exceptions, by replacing "municipalities or counties" with "municipalities or counties," in subsection (d). (7) Code Section 6-12-175, relating to minors and tobacco and enforcement actions, collection and report of fines, inspections by law enforcement agencies, and annual report, by replacing "officers, and" with "officers and" in subsection (b). (8) Code Section 16-13-46, relating to administrative inspections and warrants in regard to controlled substances, by adding "and" at the end of paragraph (3) of subsection (a) and subparagraph (b)(4)(E). (9) Code Section 16-14-3, relating to definitions in regard to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," by redesignating division (9)(A)(xl) as division (9)(A)(xxxix) and by redesignating division (9)(A)(xxxx) as division (9)(A)(xl), respectively, and by revising division (12)(B)(i) as follows:
"(i) Any person appointed or acting as a guardian or conservator under Title 29, relating to guardian and ward, or personal representative under former Chapter 6 of Title 53 as such existed on December 31, 1997, relating to the administration of estates, if applicable, or Chapter 6 of Title 53 and other provisions in Chapter 1 through 11 of Title 53, the 'Revised Probate Code of 1998,' relating to the administration of estates; or" (10) Code Section 16-15-4, relating to participation in criminal street gang activity prohibited, by replacing "(i) or (j)" with "(i), or (j)" in paragraph (3) of subsection (k).

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SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-6-12, relating to the discretion of the court to release a person charged with a crime on that person's own recognizance only and effect of failure of person charged to appear for trial, by inserting a semicolon at the end of subparagraph (a)(1)(C). (2) Code Section 17-10-6.1, relating to punishment for serious violent offenders, by revising the undesignated text at the end of paragraph (2) of subsection (b) as follows:
"shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court or reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles." so as to conform with Merritt v. State, 286 Ga. 650, 651 at note 3 (2010). (3) Article 1 of Chapter 10, relating to procedure for sentencing and imposition of punishment, by codifying the text of Section 10 of an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, approved April 29, 2009 (Ga. L. 2009, p. 223), as Code Section 17-10-16.1. (4) Code Section 17-17-12.1, relating to requests to prevent an accused from sending any form of written, text, or electronic communication to the victim's family, or the victim, by replacing "insure" with "ensure" in paragraph (3) of subsection (d).

Reserved.

SECTION 18.

Reserved.

SECTION 19.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1-10, relating to certification by the Public Service Commission required prior to contracting with motor or contract carrier, by replacing "technical school or other institution" with "technical school, or other institution" in subsection (a). (2) Code Section 20-1A-12, relating to the Department of Early Care and Learning and application, "license" defined, actions authorized by the department in event of violations, investigations, and governmental immunity, by replacing "within 30 days of due date" with "within 30 days of the due date" in paragraph (7) of subsection (c). (3) Code Section 20-2-51, relating to local boards of education and the election of county board members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, by replacing the single

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quotation marks with double quotation marks at the beginning and end of the term "immediate family member" in subparagraph (c)(4)(A). (4) Code Section 20-2-73, relating to removal of local board of education members under certain circumstances, by replacing "subparagraph (6.1)(A)" with "subparagraph (A) of paragraph (6.1)" in subsection (a). (5) Code Section 20-2-167, relating to the State Board of Education and funding for direct instructional, media center, and staff development costs, computerized uniform budget and accounting system, submission of local budget to the state board, and provision of certain information by local boards, by replacing "as long as" with "so long as" in paragraph (3) of subsection (f). (6) Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, maximum class size, reporting requirements, and application to specific school years, by replacing "as long as" with "so long as" in the undesignated text at the end of paragraph (1) of subsection (i). (7) Code Section 20-2-184.1, relating to funding for additional days of instruction, programs for low-performing students, and transportation costs, by replacing "as long as" with "so long as" in paragraph (3) of subsection (b). (8) Code Section 20-2-212, relating to salary schedules established by the State Board of Education, by replacing "as long as" with "so long as" in the undesignated text at the end of paragraph (2) of subsection (a). (9) Code Section 20-2-212.6, relating to limitation on salary increase for school superintendent or administrators, by replacing "that this shall not apply" with "that this subsection shall not apply"in subsection (a) and by replacing "30 days notice" with "30 days' notice" in paragraph (1) of subsection (b). (10) Code Section 20-2-326, relating to definitions regarding the "Building Resourceful Individuals to Develop Georgia's Economy Act," by replacing "two, three, or four-year" with "two-year, three-year, or four-year" and by replacing "work-based learning" with "work based learning" in paragraph (9). (11) Code Section 20-2-327, relating to secondary and postsecondary education and recognition of advanced proficiency/honors courses and counseling and development of individual graduation plans, by replacing "requirements, and" with "requirements; and" at the end of paragraph (1) of subsection (a). (12) Code Section 20-2-751.4, relating to policies prohibiting bullying, assignment to alternative school, and notice, by replacing "or physical act, which" with "or physical act which" in paragraph (3) of subsection (a). (13) Code Section 20-2-1010, relating to the State Board of Education to prescribe textbooks and choosing from multiple listings, by replacing "in any medium, print, nonprint, or digital" with "in any medium, whether print, nonprint, or digital" and by replacing "such material that constitutes" with "such material, that constitutes" in subsection (a).

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(14) Code Section 20-3-520, relating to construction and operation authorized and separate appropriations regarding the Eugene Talmadge Memorial Hospital, by replacing "Medical College of Georgia" with "Georgia Health Sciences University".

Reserved.

SECTION 21.

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in: (1) Code Section 22-2-109, relating to condemnation and factors to be considered in determining or estimating just and adequate compensation, determination of date of taking, inclusion of date of approval of original location of highway in petition for condemnation, and newspaper advertisement, by replacing "(2 Capitol Square, Atlanta, Georgia 30334)" with "(One Georgia Center, 600 West Peachtree NW, Atlanta, Georgia 30308)" in subsection (b). (2) Code Section 22-2-137, relating to factors to be considered in determining or estimating just and adequate compensation, determination of date of taking, inclusion of date of approval of original location of highway in petition for condemnation, and newspaper advertisement, by replacing "(2 Capitol Square, Atlanta, Georgia 30334)" with "(One Georgia Center, 600 West Peachtree NW, Atlanta, Georgia 30308)" in subsection (b).

Reserved.

SECTION 23.

Reserved.

SECTION 24.

Reserved.

SECTION 25.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-2-312, relating to wholesale fish dealers' licenses, by replacing "movable;" with "movable; and" at the end of paragraph (1) of subsection (a). (2) Code Section 26-4-41, relating to the practice of pharmacy and qualifications for license, examination, and internship and other training programs by replacing "determine; and" with "determine." at the end of paragraph (1) of subsection (c).

762 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 27.

Reserved.

SECTION 28.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-2-16, relating to individuals with preference for permanent guardianship of minor and preference not controlling, by revising paragraph (2) of subsection (a) as follows:
"(2) The nearest adult relative of the minor determined according to Code Section 53-2-1;" (2) Code Section 29-2-17, relating to the petition for appointment of a permanent guardian, requirements of petition, and notice, by revising subparagraph (b)(7)(C) as follows:
"(C) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1;" (3) Code Section 29-2-22, relating to the authority of a guardian and the appointment of a guardian ad litem, by revising paragraph (6) of subsection (b) as follows: "(6) If there is no conservator, to disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20." (4) Code Section 29-2-40, relating to petition to resign guardianship, requirements, service, hearing, and appointment of successor guardian, by revising paragraph (3) of subsection (c) as follows: "(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (5) Code Section 29-2-41, relating to the appointment of a successor guardian, by revising paragraph (3) of subsection (a) as follows: "(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (6) Code Section 29-2-51, relating to the appointment of a successor guardian, notice, preference to selected individuals, and order of appointment, by revising paragraph (3) of subsection (b) as follows: "(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (7) Code Section 29-3-7, relating to the preference among individuals for appointment of a conservator and the court's ability to ignore preference for the best interest of a minor, by revising paragraph (2) of subsection (a) as follows: "(2) The nearest adult relative of the minor as set forth in Code Section 53-2-1;"

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(8) Code Section 29-3-8, relating to the petition for appointment of a conservator for a minor, requirements of petition, and notice, by revising subparagraph (b)(5)(D) as follows:
"(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1;" (9) Code Section 29-3-22, relating to the power of a conservator and cooperation with the guardian of a minor, by revising subparagraph (b)(2)(D) and paragraph (8) of subsection (c) as follows: "(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1." "(8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20;" (10) Code Section 29-3-80, relating to the required showing for resignation of a conservator, name of suitable alternate required, notice, and order appointing a successor conservator, by revising paragraph (4) of subsection (c) as follows: "(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (11) Code Section 29-3-81, relating to individuals entitled to notice, appointment of a successor conservator, and turning over of property, by revising paragraph (4) of subsection (a) as follows: "(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (12) Code Section 29-3-91, relating to the appointment of successor conservator, notice, and hearing and bond requirements, by revising paragraph (4) of subsection (b) as follows: "(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1." (13) Code Section 29-4-3, relating to the order of preference in selection of guardians, written request nominating a guardian, and requirements of writing, by revising subsection (d) as follows: "(d) At any time prior to the appointment of a guardian, a spouse, adult child, or parent of an adult may nominate in writing an individual to serve as that adult's guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20." (14) Code Section 29-4-23, relating to the powers and rights of a guardian, appointment of a guardian ad litem, and coordination and cooperation with conservator or others, by revising paragraph (7) of subsection (b) as follows: "(7) If there is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(15) Code Section 29-5-3, relating to the order of preference in selecting a conservator, nomination of individual to serve as a conservator, and requirements of the nomination, by revising subsection (d) as follows:
"(d) At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adult's conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20." (16) Code Section 29-5-23, relating to the authority of a conservator and cooperation with a guardian or other interested parties, by revising paragraph (9) of subsection (c) as follows:
"(9) To disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20;" (17) Code Section 29-8-1, relating to county administrators as ex officio county guardians, by revising said Code section as follows: "29-8-1. County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio county guardians and shall serve as guardians or conservators in all cases where appointed by the court." (18) Code Section 29-8-2, relating to bond requirements, by revising said Code section as follows: "29-8-2. In addition to the bond required in Code Section 53-6-41, county guardians shall give another bond with good security, to be judged by the court, in the sum of $5,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the county guardian's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county guardian, as provided by law for actions on the bonds of other guardians."

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-2-6, relating to the creation of the position of the commissioner of community health, creation of divisions, and allocation of functions, by replacing "Division of Public Heath," with "Division of Public Health," in subsection (b). (2) Code Section 31-2-17.1, relating to the Georgia Diabetes Control Grant Program, advisory committee, administration of authorized grant programs, and grant criteria, by

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replacing "commissioner of the Department of Community Health," with "commissioner of community health," in the undesignated text at the end of subsection (b). (3) Code Section 31-8-179.3, relating to hospitals and the assessment of provider payments to be paid by hospital in quarterly installments and payment recognized as expenditure for indigent or charity care, by replacing "due at end of each" with "due at the end of each" in subsection (b). (4) Code Section 31-22-9, relating to applicability of the chapter to clinical laboratories, by replacing "Medical College of Georgia," with "Georgia Health Sciences University," in paragraph (1) of subsection (a). (5) Code Section 31-47-1, relating to the purpose of the Arthritis Prevention and Control Program, needs assessment, advisory panel, and coordination and utilization with other programs, by striking the quotation marks at the beginning and end of the term "Arthritis Prevention and Control Program" in subsection (a), the introductory language of subsection (b), subsection (c), and paragraphs (1) and (2) of subsection (e). (6) Code Section 31-47-2, relating to the role and duties of the commissioner of community health, by striking the quotation marks at the beginning and end of the term "Arthritis Prevention and Control Program" in paragraphs (1) and (2).

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-2-20, relating to the composition of the State Transportation Board, qualifications of members, terms of office, manner of selection of the members, filling of vacancies, officers, meetings, and compensation of members, by replacing "which he represents" with "which he or she represents" in subsection (a).

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-24-21.1, relating to insurance and group accident and sickness contracts and conversion privilege and continuation right provisions, by replacing "eligibility, and" with "eligibility and" in subsection (l). (2) Code Section 33-24-56.4, relating to payment for telemedicine services, by replacing "electronic mail," with "e-mail," in paragraph (3) of subsection (b). (3) Code Section 33-34-5.1, relating to self-insurers in regard to motor vehicle accident reparations, by replacing "Commissioner of Insurance" with "Commissioner" each time this term occurs in subsection (a) and subsection (c), by replacing "Chapter 3 of this title" with "Chapter 3 of Title 40" in paragraph (2) of subsection (a), by replacing "Chapter 2 of Title 33" with "Chapter 2 of this title" and "Chapter 10 of Title 33" with "Chapter 10 of this title" in subparagraph (a)(3)(F), and by replacing "one or more of the following forms:" with "one or more of the following:" at the end of the introductory language of paragraph (3) of subsection (b).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Code Section 33-43-3, relating to medicare supplement policies and duplicate benefits prohibited and establishment of standards, by replacing "persons that are eligible" with "persons who are eligible" in subsection (g), by replacing "government, or" with "government or" in the introductory language of subsection (h), and by replacing "Part B, or" with "Part B or" in paragraph (1) of subsection (h). (5) Code Section 33-50-3, relating to multiple employer self-insured health plans and application for license, payment of fees, and payment of premium taxes, by replacing "Chapter 8 of Title 33." with "Chapter 8 of this title." both times it appears in subsection (c). (6) Code Section 33-50-5, relating to minimum surplus, capital requirements, security deposit, annual audit, aggregate excess stop-loss coverage, and individual excess stop-loss coverage, by redesignating the introductory language of subsection (g) as paragraph (1) of subsection (g) and by redesignating current paragraphs (1) through (4) as new paragraphs (2) through (5), respectively, in subsection (g) and by redesignating the introductory language of subsection (h) as paragraph (1) of subsection (h) and by redesignating current paragraphs (1) through (3) as new paragraphs (2) through (4), respectively, in subsection (h). (7) Code Section 33-50-14, relating to multiple employer self-insured health plans and the Commissioner's approval of plans offering coverage in other states, by replacing "plan, which covers lives in other states, may" with "plan which covers lives in other states may". (8) Code Section 33-64-6, relating to pharmacy benefits managers not being required to obtain a license as an administrator, by replacing "Article 2 of Chapter 23 of Title 33" with "Article 2 of Chapter 23 of this title".

Reserved.

SECTION 34.

Reserved.

SECTION 35.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-44-3, relating to definitions relative to redevelopment powers, by replacing "ill heath," with "ill health," in division (7)(A)(i). (2) Code Section 36-61-9, relating to the power of eminent domain, conditions, and title acquired, by revising subsection (b) as follows:
"(b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in

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whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to former Code Section 53-5-2 as such existed on December 31, 1997, if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings." (3) Code Section 36-80-21, relating to local governments and definitions and electronic transmission of budgets, by replacing "municipality or" with "municipality, or" in subparagraph (a)(2)(A).

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-1-40, relating to rules and regulations of the Board of Behavioral Health and Developmental Disabilities, by redesignating said Code section as new Code Section 37-1-41. (2) Code Section 37-1-22, relating to power of the Board of Behavioral Health and Developmental Disabilities to provide and promote standards, rules, and regulations, by redesignating the text of said Code section as new Code Section 37-1-40 and by reserving the former Code Section 37-1-22 designation. (3) Code Section 37-10-3, relating to the applicability of certain enforcement and administrative provisions to Chapter 10 of this title, relating to the "Interstate Compact on Mental Health Act," is amended by replacing "37-1-40," with "37-1-41,".

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended in: (1) Code Section 38-4-2, relating to powers and appointment of executive directors of veterans' homes, by replacing "Medical College of Georgia," with "Georgia Health Sciences University," in paragraph (1) of subsection (b).

Reserved.

SECTION 39.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by replacing "Medical College of Georgia." with "Georgia Health Sciences University." in paragraph (15) of subsection (l). (2) Code Section 40-3-36, relating to the cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, by replacing the period with a semicolon at the end of division (a)(2)(E)(iii). (3) Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, by replacing "a licensed dealer as defined in Code Section 43-48-2." with "a licensee as defined in Code Section 43-47-2." in subparagraph (a)(2)(C) and by replacing "corporation who rebuilds" with "corporation that rebuilds" in subsection (e). (4) Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by replacing "in addition a cumulative total" with "in addition has a cumulative total" in subparagraph (a.2)(1)(A). (5) Code Section 40-5-27, relating to examination of driver's license applicants, by replacing "rear-view" with "rearview" in paragraph (3) of subsection (c). (6) Code Section 40-5-58, relating to habitual violators and probationary drivers' licenses, by replacing "Code Section 40-5-61, such person may be issued" with "Code Section 40-5-61 may be issued" in paragraph (1) of subsection (e). (7) Code Section 40-6-120, relating to methods of turning at intersections, by replacing "intersection the vehicle" with "intersection, the vehicle" in subparagraph (C) of paragraph (2). (8) Code Section 40-11-1, relating to definitions regarding abandoned motor vehicles, by replacing "'vehicle' means motor vehicle" with "'vehicle' means a motor vehicle" in paragraph (2).

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-1-12, relating to the State Sexual Offender Registry, by replacing "paragraph (3) of this Code section" with "paragraph (3) of this subsection" in paragraph (4) of subsection (i).

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(2) Code Section 42-1-14, relating to risk assessment classification, classification as a "sexually dangerous predator," and electronic monitoring, by replacing "and work history, and" with "and work history and" in paragraph (2) of subsection (a).

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-1B-4, relating to prohibited actions, civil penalties, and grounds for disciplinary actions regarding patient referrals by health care providers, by replacing "Except as provided in this Code section:" with "Except as provided in this chapter:" in the introductory language. (2) Code Section 43-4-1, relating to definitions relative to architects, by redesignating current paragraph (12) as new paragraph (14) and by redesignating current paragraphs (13) and (14) as new paragraphs (12) and (13), respectively, arranging said paragraphs in alphabetical order. (3) Code Section 43-4B-1, relating to definitions regarding the Georgia Athletic and Entertainment Commission, by revising subparagraph (A) as follows:
"(A) U.S.A. Boxing;" (4) Code Section 43-4B-2, relating to the application of rules and regulations by the Georgia Athletic and Entertainment Commission, by replacing "$25,000,000.00." with "$25 million." in paragraph (2) of subsection (b). (5) Code Section 43-6-11, relating to qualifications of applicants for an auctioneer's or apprentice auctioneer's license, by deleting the obsolete subsection (e) and redesignating subsection (d.1) as new subsection (e) as follows:
"(e) On and after December 31, 1995, no apprentice auctioneer's license shall be issued or renewed." (6) Code Section 43-9-1, relating to definitions regarding chiropractors, by replacing "term 'chiropractic' shall" with "term shall" both times it appears in paragraph (2) and by replacing "in the state of Georgia" with "in this state" in paragraph (3). (7) Code Section 43-10-8, relating to the requirement of a cosmetology certificate of registration, by replacing "master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1." with "master cosmetologist level as defined in paragraph (8) of Code Section 43-10-1." in subsection (b) and by replacing "paragraph (6) of Code Section 43-10-1." with "paragraph (9) of Code Section 43-10-1." in paragraph (1) of subsection (f). (8) Code Section 43-10-20, relating to the teaching of cosmetology in prisons and certification of registration, by replacing "the cosmetology programs that are approved by the Technical College System of Georgia or the Department of Education as provided for by paragraphs (8), (9), and (10) of Code Section 43-10-1 and paragraph (6) of subsection (e) of Code Section 43-10-12." with "the cosmetology programs that are approved by the Technical College System of Georgia or the Department of Education as provided for by

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paragraphs (10), (11), (13), and (14) of Code Section 43-10-1 and paragraph (8) of subsection (e) of Code Section 43-10-12." in subsection (a). (9) Code Section 43-14-6, relating to the powers and duties of the divisions of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, by replacing "single family dwellings" with "single-family dwellings" in paragraph (1) of subsection (a). (10) Code Section 43-17-2, relating to definitions relative to charitable solicitations, by replacing "benefitting" with "benefiting" in division (12)(A)(iii). (11) Code Section 43-20A-2, relating to definitions regarding the regulation of private immigration assistance services, by replacing "shall mean" with "means" in paragraph (4). (12) Code Section 43-26-7, relating to the requirements for licensure as a registered professional nurse and the requirements for a nontraditional nursing education program, by replacing "If entered" with "If the applicant entered" at the beginning of subdivisions (b)(2)(B)(ii)(I) and (b)(2)(B)(ii)(II) and subparagraphs (c)(4)(C) and (c)(4)(D) and by replacing "If graduated" with "If the applicant graduated" at the beginning of subparagraph (c)(4)(B). (13) Code Section 43-26-12, relating to registered professional nurses and exceptions to operation and burden of proof, by replacing "individual that has" with "individual who has" in division (a)(9)(C)(i). (14) Code Section 43-34-26.1, relating to influenza vaccine protocol agreements, by replacing "patients that meet certain criteria" with "patients who meet certain criteria" both times it appears in paragraph (5) of subsection (a). (15) Code Section 43-34A-4, relating to requests for physician profiles, fees, confidentiality, and dispersal of inaccurate profile prohibited, by replacing "by electronic mail." with "by e-mail.". (16) Code Section 43-38-7, relating to licensing of armed employees, qualifications, continuing education, fingerprints, license card, and suspension, by replacing "under oath, and" with "under oath and" in subsection (d). (17) Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by replacing "Any person that contracts" with "Any person who contracts" at the beginning of division (3)(B)(ii). (18) Code Section 43-39A-14, relating to real estate appraisers and the required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default, by replacing "licensure or approval; and provided that if such" with "licensure or approval, provided that, if such" in subparagraph (b)(1.2)(A). (19) Code Section 43-39A-22, relating to real estate appraisers and investigations, subpoenas, confidentiality, access to records, publication of names of disciplined appraisers and schools, and closed meetings, by replacing "company who is the subject" with "company that is the subject" both times it appears in subsection (d) and by replacing "or an approved school" with "or approved school" in subsection (e).

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(20) Code Section 43-41-7, relating to the requirement of written warranties by residential and general contractors, by replacing "single family residence" with "single-family residence". (21) Code Section 43-47-2, relating to definitions relative to used motor vehicles and used motor vehicle parts dealers, by deleting the text of obsolete paragraph (13) and reserving said paragraph designation and by replacing "Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, that a pawnbroker" with "A pawnbroker" at the beginning of the last sentence of subparagraph (A) of paragraph (17) so as to eliminate the redundancy with the last sentence of paragraph (4) of said Code section.

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-2-131, relating to the declaration of title by a descent upon petition, service of petition and publication of notice, transfer of registered title and issuance of new certificates, and the rights of a surviving spouse, by revising subsection (i) as follows:
"(i) Where the wife claims to be entitled to take possession of the estate without administration under former Code Section 53-4-2 as such existed on December 31, 1997, if applicable, or Code Sections 53-1-7 and 53-2-1, the procedure shall be substantially in the same manner."

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-8-1, relating to definitions relative to public officers and employees accounting for public funds, by deleting the circular definition in paragraph (7) and reserving the designation of said paragraph. (2) Code Section 45-8-13.1, relating to depositories using pooled method of securing deposits of public funds, qualifications, and the rights and responsibilities of the state treasurer, by replacing "state treasurer delegates its rights" with "state treasurer delegates his or her rights" in subsection (d). (3) Code Section 45-12-75, relating to the Governor's budget report and its contents and form, by replacing "foregone" with "forgone" in paragraph (8). (4) Code Section 45-12-92, relating to revenue collections to be paid to the state treasury on a monthly basis, the effect of failure of the budget unit to comply with this Code section, definition of user fee, and reporting, by replacing "provided, or" with "provided or" in subparagraph (b)(3)(A) and by replacing "adjustment, which" with "adjustment which" in subparagraph (b)(3)(B). (5) Code Section 45-16-11.2, relating to the monthly contingent expense allowance for the operation of the office of coroner, by replacing "Minimum Salary" with "Minimum Monthly Expenses" in the table following the text.

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(6) Code Section 45-18-7.2, relating to the Georgia Agrirama Development Authority and employee health insurance, by repealing and reserving said obsolete Code section. (7) Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, by deleting the obsolete reference "45-18-7.2," in subsection (c).

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-7-34, relating to motor common or contract carrier and the effect of certificates of public convenience and necessity to operate granted under prior law, by replacing "under Code Section" with "under former Code Section" in subsection (b).

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 48-5-7.2, relating to certification as rehabilitated historic property for purposes of preferential tax assessment, by revising paragraph (2) of subsection (j) as follows:
"(2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to former Chapter 5 of Title 53 as such existed on December 31, 1997, if applicable, or Chapter 3 of Title 53." (2) Code Section 48-5-7.3, relating to landmark historic property, by revising paragraph (2) of subsection (i) as follows: "(2) Such liens for taxes, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to former Chapter 5 of Title 53 as such existed on December 31, 1997, if applicable, or Chapter 3 of Title 53." (3) Code Section 48-5-76, relating to deferred taxes and interest constituting prior lien and effect of award for year's support on liens for deferred taxes, by revising subsection (b) as follows: "(b) Liens for taxes deferred under this part, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to former Chapter 5 of Title 53 as such existed on December 31, 1997, if applicable, or Chapter 3 of Title 53." (4) Code Section 48-6-2, relating to exemption of certain instruments, deeds, or writings from real estate transfer tax and requirement that consideration be shown, by revising paragraph (6) of subsection (a) as follows:

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"(6) Any order for year's support awarding an interest in real property as provided in former Code Section 53-5-11 as such existed on December 31, 1997, if applicable, or Code Section 53-3-11;"

Reserved.

SECTION 49.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-17-22, relating to the State Financing and Investment Commission, by replacing "chairman" with "chairperson" and "vice-chairman" with "vice chairperson" in paragraph (1) of subsection (b) and subsection (c), by replacing "state treasurer" with "director" in paragraphs (2) and (3) of subsection (b), by replacing "agenda" with "agendas" in paragraph (2) of subsection (b), and by replacing "Deposit, or arrange for," with "Deposit or arrange for" in division (d)(6)(B)(i). (2) Code Section 50-17-63, relating to state depositories and the deposit of demand funds, investment of funds, reports, remittance of interest earned, and motor fuel tax revenues, by replacing "Chapter 17 of this title." with "this chapter." in subsection (b). (3) Code Section 50-18-20, relating to definitions relative to court reports, by replacing "the Code of Judicial Conduct," with "the Georgia Code of Judicial Conduct," and by deleting "the Rules for Sentence Review Panel," in paragraph (4). (4) Code Section 50-37-2, relating to definitions regarding guaranteed energy savings performance contracts, by replacing "program, or facility alteration, or technology" with "program or facility alteration or technology" in the introductory language of paragraph (4) and by replacing "authorized under the" with "authorized under Part 1 of Article 1 of Chapter 3 of Title 46, the" in subparagraph (M) of paragraph (4). (5) Code Section 50-37-7, relating to requirements for state agencies regarding guaranteed energy savings performance contracts, by replacing "the department" with "the authority" in paragraph (2).

Reserved.

SECTION 51.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and water craft, is amended in: (1) Code Section 52-3-2, currently repealed under Chapter 3, relating to the intracoastal waterway, by designating said Code section as reserved. (2) Code Section 52-3-3, currently repealed under Chapter 3, relating to the intracoastal waterway, by designating said Code section as reserved.

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(3) Code Section 52-3-6, currently repealed under Chapter 3, relating to the intracoastal waterway, by designating said Code section as reserved. (4) Code Section 52-3-10, currently repealed under Chapter 3, relating to the intracoastal waterway, by designating said Code section as reserved.

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 53-1-1, relating to the Revised Probate Code of 1998 short title and effective date of provisions, by revising subsection (a) as follows:
"(a) This chapter and Chapters 2 through 11 of this title, as such chapters were enacted by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and as amended by an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), and as such chapters may be amended in the future, shall be known and may be cited as the 'Revised Probate Code of 1998.'" (2) Code Section 53-1-20, relating to renouncing succession under the 'Revised Probate Code of 1998,' by revising paragraph (1) of subsection (f) as follows:
"(f)(1)(A) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power, even if the acceleration of a contingent remainder or other interest results. A will or other governing instrument may otherwise provide expressly or by implication, but the fact that a remainder or other future interest following a renounced interest is conditioned upon surviving the holder of such renounced interest shall not, without more, be sufficient to indicate that such conditioned interest should not accelerate by reason of such renunciation. (B) Notwithstanding subparagraph (A) of this paragraph, solely for the purposes of the proviso of paragraph (5) and the proviso of paragraph (7) of subsection (c) of Code Section 53-2-1, any individual renouncing who is the only sibling or the only aunt or uncle surviving the decedent shall not be deemed to have predeceased the decedent." (3) Code Section 53-9-2, relating to the filing and contents of a petition and publication of notice relative to the administration of an estate under the Revised Probate Code of 1998, by replacing "no administration necessary," with "no administration is necessary," in subsection (b). (4) Code Section 53-12-5, relating to law governing the meaning and effect of trust provisions, by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively. (5) Code Section 53-12-45, relating to limitation on action contesting validity of a revocable trust, by replacing "trust, and" with "trust and" in paragraph (2) of subsection (b). (6) Code Section 53-12-80, relating to trusts and spendthrift provisions, by replacing "principal or" with "principal, or" in subsection (g).

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(7) Code Section 53-12-190, relating to automatic amendment of governing instrument of a private foundation trust, charitable trust, or split-interest trust, by replacing "foundation a" with "foundation, a" in the introductory language. (8) Code Section 53-12-210, relating to trustee compensation, by replacing "year." with "year:" at the end of subparagraph (c)(2)(B). (9) Code Section 53-12-261, relating to powers of trustees, by replacing "beneficiary;" with "beneficiary." at the end of subparagraph (b)(27)(D). (10) Code Section 53-12-263, relating to trustees and incorporation of powers by reference, by replacing "article" with "part" in subsections (b) and (c) and the introductory language of subsection (e). (11) Code Section 53-12-280, relating to certification of trust by a trustee, by replacing "trust as provided" with "trust provided" in the introductory language of subsection (b). (12) Code Section 53-12-304, relating to the liability of a successor trustee, by replacing "trustee, and" with "trustee and" in paragraph (1) of subsection (a). (13) Code Section 53-12-320, relating to nonresidents acting as trustees, by replacing "thereto on" with "thereto, on" in subsection (c). (14) Code Section 53-12-344, relating to language invoking application of trust investments and the "Georgia Principal and Income Act," by replacing "under Article 16 and 17" with "under this article and Article 17". (15) Code Section 53-12-361, relating to trustee power of adjustment, by replacing "section if:" with "section:" at the end of the introductory language of subsection (c) and by replacing "The adjustment" with "If the adjustment" at the beginning of paragraphs (1) and (2) of subsection (c). (16) Code Section 53-12-362, relating to the power to convert a trust into a unitrust, by replacing "Article 16 and 17" with "this article and Article 17" in the introductory language of paragraph (3) of subsection (d) and by replacing "instrument; and" with "instrument." at the end of paragraph (1) of subsection (j). (17) Code Section 53-12-363, relating to abuse of a trustee's discretion, by replacing "apply" with "applies" in the introductory language of subsection (b). (18) Code Section 53-12-401, relating to trustees and the apportionment of receipts and disbursements when decedent dies or income interest begins, by replacing "payer" with "payor" in subsection (c). (19) Code Section 53-12-420, relating to trustees and principal receipts, by replacing "payer" with "payor" in paragraph (1). (20) Code Section 53-12-425, relating to trustees and deferred compensation, annuities, and similar payments, by replacing "payer" with "payor" both times it appears and by replacing "payer's" with "payor's" in paragraph (1). (21) Code Section 53-12-431, relating to asset-backed securities, by replacing "payer" with "payor" in subsection (b).

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SECTION 54. (a) 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 2010 supplements to the Official Code of Georgia Annotated published under authority of the state in 2010 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. (b) Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. (c) The reenactment of the statutory portion of the Official Code of Georgia Annotated by subsection (a) of this section 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. (d) The provisions contained in other sections of this Act and in the other Acts enacted at the 2011 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by subsection (a) of this section. (e) In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2011 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55. 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 13, 2011.

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MOTOR VEHICLES ABANDONED VEHICLES.

No. 246 (House Bill No. 114).

AN ACT

To amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles generally, so as to change a definition; to clarify the fee for filing a lien foreclosure affidavit; to provide for the disposition of certain contents of abandoned vehicles; to provide for related matters; to repeal conflicting provisions; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles generally, is amended by revising Code Section 40-11-1, relating to definitions, as follows:
"40-11-1. As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer: (A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs; (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;

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(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days. (2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer. (3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue or the records from the vehicle's state of registration."

SECTION 2. Said article is further amended by revising subparagraph (B) of paragraph (3) of Code Section 40-11-5, relating to lien foreclosures on abandoned motor vehicles, as follows:
"(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall only be $10.00 per motor vehicle upon which a lien is asserted. Notwithstanding any law to the contrary, the affidavit filing fee shall not be taxed nor shall any additional fee or surcharge be assessed for such filing."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"40-11-10. (a) As used in this Code section, the term 'contents' means only the following:
(1) Prescription drugs or eyewear; (2) Personal documents, including, but not limited to, birth records, passports, or death records; (3) Firearms; (4) Medical devices; (5) Child safety restraining devices; or (6) Keys, except the keys to the abandoned motor vehicle. (b) Any person who stores an abandoned motor vehicle pursuant to the provisions of this article shall allow the owner of such vehicle to retrieve the contents from such vehicle, and the owner of a motor vehicle shall be allowed to retrieve contents and any other item from such vehicle if such retrieval occurs within the first 30 days that such vehicle is stored. (c) Prior to the sale or other final disposition of an abandoned motor vehicle, if the person who stores such vehicle locates contents, as defined in paragraphs (1) through (3) of subsection (a) of this Code section, in such vehicle, such person shall surrender such contents to the nearest law enforcement agency."

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

Approved May 13, 2011.

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PROFESSIONS NURSES; NONTRADITIONAL PROGRAMS; CLINICAL PERFUSIONISTS.

No. 247 (Senate Bill No. 100).

AN ACT

To amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to revise a definition; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to prohibit the use of the title "nurse" unless licensed as a registered professional nurse or a licensed practical nurse; to revise requirements for certain applicants as a registered professional nurse; to revise requirements relating to nontraditional nursing education programs; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and others, so as to revise certain requirements relative to clinical perfusionists; 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 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," is amended by revising paragraph (1.2) as follows:
"(1.2) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by:
(A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools;

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(B) An institution of the Technical College System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; (D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (E) A nonprofit postsecondary institution of higher education that is a four-year institution that is not accredited in accordance with subparagraph (C) of this paragraph, but whose curriculum has been determined by the board to meet criteria similar to and not less stringent than criteria established by the board for other approved nursing education programs."

SECTION 1A. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended in Code Section 43-26-6, relating to the use of certain titles by licensed registered nurses or advanced practice registered nurses, by adding a new subsection to read as follows:
"(d) No person shall use the title 'nurse' or any other title or abbreviation that would represent to the public that a person is authorized to practice nursing unless the person is licensed or otherwise authorized under this article or Article 2 of this chapter."

SECTION 1B. Said chapter is further amended in Code Section 43-26-33, relating to the use of certain titles by licensed practical nurses or applicants, by adding a new subsection to read as follows:
"(c) No person shall use the title 'nurse' or any other title or abbreviation that would represent to the public that a person is authorized to practice nursing unless the person is licensed or otherwise authorized under this article or Article 1 of this chapter."

SECTION 1C. Said chapter is further amended in Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse, by revising subsections (b), (c), and (e) as follows:
"(b) An applicant for licensure by examination shall: (1) Submit a completed written application and fee; (2)(A) Have graduated from an approved nursing education program, as defined in Code Section 43-26-3; or (B)(i) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; and (ii)(I) If the applicant entered the nontraditional nursing education program as a licensed practical nurse and had an academic education as a licensed practical nurse that included clinical training in pediatrics, obstetrics and gynecology,

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medical-surgical, and mental illness, have at least two years of clinical experience in the five years preceding the date of the application in an acute care inpatient facility or a long-term acute care facility as a licensed practical nurse, as approved by the board. Such clinical experience shall be documented in writing by the applicant's immediate supervisor stating that, in his or her opinion, the applicant has exhibited the critical thinking abilities, clinical skills, and leadership abilities that would indicate the ability to work as a beginning registered professional nurse; (II) If the applicant entered the nontraditional nursing education program as a licensed practical nurse, had an academic education as a licensed practical nurse that included clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, and has at least two years of experience as a licensed practical nurse in any setting, although such experience shall be exclusive of night duty in a skilled nursing facility, but less than two years of experience in the five years preceding the date of the application in an acute care inpatient facility or a long-term acute care facility, as approved by the board, have completed a 320 hour postgraduate preceptorship. If the applicant can show that he or she cannot find a preceptorship in an acute care inpatient facility or a long-term acute care facility, the board may authorize a preceptorship pursuant to this subdivision in a skilled nursing facility, if such facility has 100 beds or more and such facility ensures to the board that the applicant will be providing health care to patients with similar health care needs as those patients in a long-term acute care facility; (III) If the applicant entered the nontraditional nursing education program as (1) a paramedic with at least two years of experience as a paramedic or (2) a licensed practical nurse with less than two years of clinical experience in the five years preceding the date of the application in an acute care inpatient facility or a long-term acute care facility as a licensed practical nurse whose academic training as a licensed practical nurse did not include clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have completed a 480 hour postgraduate preceptorship. Such preceptorship shall be in the area or areas as determined by the board on a case-by-case basis, which may include pediatrics, obstetrics and gynecology, medical-surgical, mental illness, and transition into the role of a registered professional nurse; (IV) If the applicant entered the nontraditional nursing education program as a military medical corpsman and has at least two years of experience as a military medical corpsman, have completed a postgraduate preceptorship of at least 480 hours but not more than 640 hours, as determined by the board; or (V) If the applicant does not meet the requirements of subdivision (I), (II), (III), or (IV) of this division and the applicant entered a nontraditional nursing education program before July 1, 2008, which meets the requirements of subsection (e) of this Code section and completes such program no later than June 30, 2015, have completed a 640 hour postgraduate preceptorship arranged by the applicant under

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the supervision of a registered professional nurse. The preceptorship shall have prior approval of the board, and successful completion of the preceptorship shall be verified in writing by the preceptor. The preceptorship shall be in an acute care inpatient facility or a long-term acute care facility; provided, however, that the board may authorize a preceptorship pursuant to this subdivision in other facilities to obtain specialized experience in certain areas. All preceptorships required pursuant to this division shall be arranged by the applicant under the close supervision of a registered professional nurse where such applicant is transitioned into the role of a registered professional nurse and the applicant performs duties typically performed by registered professional nurses. Except as otherwise provided in subdivision (II) of this division, a preceptorship shall be in an acute care inpatient facility or a long-term acute care facility; provided, however, that the board may authorize a preceptorship in other facilities to obtain specialized experience in certain areas. The preceptorship shall have prior approval of the board, and successful completion of the preceptorship shall be documented in writing by the preceptor stating that, in his or her opinion, the applicant has exhibited the critical thinking abilities, clinical skills, and leadership abilities necessary to practice as a beginning registered professional nurse. No later than August 1, 2011, the board shall develop and make available one or more standard forms for use by and assistance to applicants in securing and completing preceptorships. Such form or forms shall include information relating to the specific requirements for preceptorships, including the minimum qualifications of the preceptor, the type of training required, and the documentation required upon completion of the preceptorship. The board shall make the determinations required by this division in accordance with its established guidelines; (3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the approved nursing education program. In no way shall the passage of such examination by a graduate of a nontraditional nursing education program who does not meet the other requirements of this subsection be construed to authorize such individual to practice nursing, to require the board to license such individual as a registered professional nurse other than to issue in its sole discretion a temporary permit pursuant to Code Section 43-26-8, or to be endorsed from another state as a registered professional nurse; (4) 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

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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: (1) Submit a completed written application and fee;
(2)(A) Have passed a board recognized licensing examination following graduation from an approved nursing education program, as defined in Code Section 43-26-3; or (B) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; (4)(A) 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; (B) If the applicant entered a nontraditional nursing education program as a licensed practical nurse whose academic education as a licensed practical nurse included clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have practiced nursing as a registered professional nurse in a health care facility for at least one year in the three years preceding the date of the application, and such practice is documented by the applicant and approved by the board; provided, however, that for an applicant that does not meet the experience requirement of this subparagraph, the board shall require the applicant to complete a 320 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered nurse where such applicant is transitioned into the role of a registered professional nurse. The preceptorship shall have prior approval of the board, and successful completion of the preceptorship shall be verified in writing by the preceptor; or (C) If the applicant entered a nontraditional nursing education program as anything other than a licensed practical nurse whose academic education as a licensed practical nurse included clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have graduated from such program and practiced nursing as a registered professional nurse in a health care facility for at least two years in the five years preceding the date of the application, and such practice is documented by the applicant and approved by the board; provided, however, that for an applicant that does not meet the experience requirement of this subparagraph, the board shall require the applicant to complete a postgraduate preceptorship of at least 480 hours but not more than 640 hours, as determined by the board, arranged by the applicant under the oversight of a registered professional nurse where such applicant is transitioned into the role of a registered professional nurse. The preceptorship shall have prior approval of the board, and successful completion of the preceptorship shall be verified in writing by the preceptor.

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For purposes of this paragraph, the term 'health care facility' means an acute care inpatient facility, a long-term acute care facility, an ambulatory surgical center or obstetrical facility as defined in Code Section 31-6-2, and a skilled nursing facility, so long as such skilled nursing facility has 100 beds or more and provides health care to patients with similar health care needs as those patients in a long-term acute care facility; (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." "(e) A nontraditional nursing education program shall meet the following requirements: (1) Is part of an institution of higher education that is approved by the appropriate regulatory authorities of its home state; (2) Holds regional and specialty accreditation by an accrediting body or bodies recognized by the United States Secretary of Education or the Council for Higher Education Accreditation; (3) Requires its students to pass faculty determined program outcomes, including competency based assessments of nursing knowledge and a summative performance assessment of clinical competency of a minimum of 2 1/2 days developed by faculty subject matter experts that follows nationally recognized standards for educational testing; and (4) Its graduates pass a board recognized licensing examination at a rate equivalent to the minimum rate required for board approved traditional nursing education programs."

SECTION 1D. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and others, is amended by revising the last sentence of paragraph (1) and adding a new paragraph to subsection (a) of Code Section 43-34-11, relating to continuing education, as follows:
"This paragraph shall not apply to respiratory care professionals, persons seeking renewal of certification as respiratory care professionals, clinical perfusionists, or persons seeking renewal of licensure as a clinical perfusionist." "(3) The board shall be authorized to require persons seeking renewal of licensure as clinical perfusionists under Article 7 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure as a clinical perfusionist and the categories in which these hours should be earned. The board shall be authorized

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to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-172."

SECTION 1E. Said chapter is further amended by revising paragraph (6) of Code Section 43-34-171, relating to definitions relative to the "Clinical Perfusionist Licensure Act," as follows:
"(6) 'Perfusion' means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory system or other organ, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the order and supervision of a physician, including, but not limited to:
(A) Extracorporeal support, including: (i) Cardiopulmonary bypass for adult, pediatric, and neonatal patients; (ii) Cardiopulmonary bypass for congenital and acquired cardiovascular disorders; (iii) Extracorporeal circulatory support for renal, neurological, hepatic, and vascular surgery; (iv) Extracorporeal resuscitation; and (v) Extracorporeal circulation for long-term support of failing respiratory or cardiac function, or both;
(B) Associated extracorporeal support functions, including: (i) Myocardial protection; (ii) Hemofiltration and hemodialysis; (iii) Anticoagulation and hemostasis monitoring, analysis, and intervention; (iv) Thermal regulation, including hypothermia and hyperthermia; (v) Blood gas and blood chemistry monitoring, analysis, and intervention; (vi) Physiological monitoring, analysis, and intervention; and (vii) Administration of blood components, pharmaceuticals, chemotherapeutic, and anesthetic agents as directed by a licensed physician;
(C) Heart failure therapy and support, including: (i) Ventricular assist device management; (ii) Intra-aortic balloon counterpulsation; (iii) Temporary pacemaker management; (iv) External counterpulsation; (v) Transportation of patient on extracorporeal support; and (vi) Periodic flow augmentation therapy;
(D) Blood management, including: (i) Autotransfusion; (ii) Platelet concentrate; and (iii) Nondifferentiated progenitor cell harvest; and
(E) Other clinical functions, including:

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(i) Isolated limb and organ perfusion; (ii) Isolated limb and organ delivery of chemotherapeutics, progenitor cells, gene therapy vectors, and related matters; (iii) Organ preservation; (iv) Thermogenic lavage; (v) Electrophysiological analysis; and (vi) Intravascular membrane oxygenation. Nothing in this paragraph shall be construed to prevent any licensed health care professional from performing any functions for which such health care professional is legally authorized to perform."

SECTION 1F. Said chapter is further amended by revising subsections (a), (b), (f), and (g) in Code Section 43-34-174, relating to licenses, as follows:
"(a) A license is not the property of the holder but is the property of the board. A license to practice perfusion shall be valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license. (b) The license holder shall:
(1) Display the license in an appropriate and public manner; or (2) Maintain on file at all times during which the license holder provides services in a health care facility a true and correct copy of the license certificate in the appropriate records of the facility and keep the board informed of any change of address." "(f) If a person's license has been expired for more than three months, the person may not renew the license. The person may obtain a new license by complying with the current requirements and procedures for obtaining a license."

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, 2011.

GEORGIA LAWS 2011 SESSION

787

GENERAL ASSEMBLY SCIENCE AND TECHNOLOGY STRATEGIC INITIATIVE JOINT STUDY COMMISSION.

No. 248 (Senate Resolution No. 68).

A RESOLUTION

Creating the Science and Technology Strategic Initiative Joint Study Commission; and for other purposes.

WHEREAS, the field of science and technology is an important and growing sector of the state economy; and

WHEREAS, it is imperative that the state develop policies to encourage and facilitate the growth and vigor of this vital field; and

WHEREAS, the General Assembly is determined to study the best and most efficient path to that goal.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Science and Technology Strategic Initiative Joint Study Commission to be composed of 12 members as follows:
(1) One member of the Georgia General Assembly Senate Science and Technology Committee and one member of the Georgia General Assembly Senate Economic Development Committee appointed by the chairperson of the respective committee; (2) One member of the Georgia General Assembly House Committee on Science and Technology and one member of the Georgia General Assembly House Committee on Economic Development appointed by the chairperson of the respective committee; (3) Three individuals from the private sector with a background in science and technology, with one such member each being appointed by the Governor, the President of the Senate, and the Speaker of the House of Representatives; (4) The commissioner of Economic Development or his or her designee; (5) The Georgia Technology Authority Chief Information Officer or his or her designee; (6) The State School Superintendent or his or her designee; (7) The chairperson of the Board of Regents or his or her designee; and (8) The chairperson of the State Board of Technical and Adult Education or his or her designee. The Speaker of the House of Representatives and the President of the Senate shall each appoint a co-chair of the commission. The commission may establish various subcommittees

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with subject matter expertise to advise the commission on specific matters, which shall be chaired by a member of the study commission. Members of the subcommittees must be experts from Georgia's science and technology community.

BE IT FURTHER RESOLVED that the commission shall: (1) Inventory Georgia's existing assets in the science and technology sectors to determine current strengths and capabilities; (2) Conduct review of state and national policies to discern best practices and lessons learned with regard to public policy that encourages advancement of the science and technology sectors; (3) Hold meetings around the state to solicit input from science and technology stakeholders, with a specific interest in identifying barriers to growth and progress; and (4) Develop specific recommendations with regard to the scope and content of a strategic plan for science and technology in Georgia. Such recommendations shall stipulate what the commission recommends should be excluded from such a plan.

BE IT FURTHER RESOLVED that all executive departments, agencies, boards, and commissions and other divisions of the executive branch of state government shall fully cooperate with the commission, and any nonprofit entities designated by the commission that promote and support technology initiatives may assist the commission in the performance of its duties and may provide staff assistance and any other assistance as requested.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The members of the commission shall serve without compensation. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. No later than January 9, 2012, the commission shall submit its recommendations for the development of a strategic plan to the Governor, President of the Senate, and the Speaker of the House of Representatives. The committee shall stand abolished on January 9, 2012.

Approved May 13, 2011.

GEORGIA LAWS 2011 SESSION

789

INSURANCE INDIVIDUAL ACCIDENT AND SICKNESS POLICIES; INSURERS
APPROVED IN OTHER STATES.

No. 249 (House Bill No. 47).

AN ACT

To amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for a definition; to provide for minimum standards for such policies; to provide for certain notices; to authorize the Commissioner of Insurance to adopt 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. Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, is amended by adding a new article to read as follows:

"ARTICLE 3

33-29A-30. The General Assembly recognizes the high level of uninsured individuals in this state and the need for individuals or other purchasers of health insurance coverage in this state to have the opportunity to choose health insurance plans that are more affordable and flexible than existing market policies offering accident and sickness insurance coverage. Therefore, the General Assembly seeks to increase the availability of health insurance coverage by allowing insurers authorized to transact insurance in Georgia to issue individual accident and sickness policies in Georgia that is currently approved for issuance in another state.

33-29A-31. For purposes of this article, the term 'individual accident and sickness insurance policy' means any policy insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future but does not include limited benefit insurance policies exempted from the definition of the term 'health benefit policy' in paragraph (1.1) of Code Section 33-1-2. The term 'individual

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accident and sickness insurance policy' shall also include comprehensive major medical coverage for medical and surgical benefits, and also includes 'High Deductible Health Plans' sold or maintained under the applicable provisions of Section 223 of the Internal Revenue Code.

33-29A-32. The Commissioner shall approve for sale in Georgia any individual accident and sickness insurance policy that is currently approved for issuance in another state where the insurer or the insurer's affiliate or subsidiary is authorized to transact insurance so long as the insurer or the insurer's affiliate or subsidiary filing and issuance such policy in Georgia is also authorized to transact insurance in this state pursuant to Chapter 3 of this title and provided that any such policy meets the requirements set forth in this article. Additionally, any insurer authorized to transact insurance in this state can offer an individual accident and sickness insurance policy with benefits equivalent to those in any policy approved for sale in Georgia under this article, provided that any such offered policy meets the requirements set forth in this article.

33-29A-33. (a) Any insurer selling an insurance policy pursuant to this article, and any policy approved pursuant to this article, shall satisfy actuarial standards set forth by the National Association of Insurance Commissioners (NAIC) and any regulation promulgated by the Commissioner that is not inconsistent with such NAIC standards. Any insurer selling an insurance policy pursuant to this article, and any policy approved pursuant to this article, shall, except as otherwise provided in this article, comply with the requirements of this title and the regulations promulgated by the Commissioner. (b) The Commissioner shall have the authority to determine whether an insurer satisfies the standards required by this Code section and may not approve a plan that he or she finds lacks compliance with this Code section. The Commissioner shall have the authority to determine whether the plan sold pursuant to this article continues to satisfy the requirements set forth in this Code section in the same manner as he or she does with an individual accident and sickness insurance policy approved pursuant to another applicable chapter in this title. (c) Any policy sold pursuant to this article shall comply with paragraph (3) of subsection (c) of Code Section 9-9-2 and shall not require the insured or his or her beneficiary to arbitrate disputes arising under the policy.

33-29A-34. (a) Each written application for a policy sold pursuant to this article shall contain the following language in boldface type at the beginning of the document:
'The benefits of this policy may primarily be governed by the laws of a state other than Georgia; therefore, all of the laws applicable to policies filed in this state may not apply

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to this policy. Any purchase of individual health insurance should be considered carefully since future medical conditions may make it impossible to qualify for another individual health insurance policy.' (b) Each policy sold pursuant to this article shall contain the following language in boldface type at the beginning of the document: 'The benefits of this policy providing your coverage may be governed primarily by the laws of a state other than Georgia. The benefits covered may be different from other policies you can purchase. Please consult your insurance agent or insurer to determine which health benefits are covered under this policy.' (c) Each individual accident and sickness policy sold pursuant to this article shall contain a side-by-side chart that compares the definitions of each benefit covered by the policy that has been sold in the other state with the definitions of the benefits covered under current Georgia laws and regulations where the specified benefit is similarly termed but defined differently.

33-29A-35. (a) The Commissioner shall adopt rules and regulations necessary to implement this article, which shall include, but shall not be limited to, standard forms for the disclosure of benefits, and preserve the intent and effect of Code Sections 33-24-27.1, 33-24-27, 31-24-59.12, and 33-29-6(c). (b) Any dispute resolution mechanism or provision for notice and hearing in this title shall apply to insurers issuing and delivering policies pursuant to this article."

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

Approved May 13, 2011.

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HIGHWAYS WEATHER EMERGENCIES; CONTRACTORS; DEPARTMENT OF TRANSPORTATION LIST URGED; LOCAL GOVERNMENTS; STATE ROAD CLEARANCE AUTHORIZED.

No. 250 (Senate Resolution No. 30).

A RESOLUTION

Urging the Georgia Department of Transportation to prepare a list of contractors to be utilized during weather emergencies and to preauthorize local governments to clear state roads when necessary; and for other purposes.

WHEREAS, the weather emergency in the State of Georgia in January, 2011, which paralyzed much of this state and the City of Atlanta has provided a learning opportunity for preventing such gridlock in the future; and

WHEREAS, the Georgia Department of Transportation does not have enough equipment and personnel to efficiently clear the roadways in this state during a winter weather emergency, and it would be impracticable for the department to maintain such an inventory of snow and ice removal equipment; and

WHEREAS, there are multiple private contractors in this state who own and operate equipment that could easily be adapted for use in clearing the roadways in this state; and

WHEREAS, the department needs to update its weather emergency response plan to include an early call to these private contractors to mobilize and assist the department when needed; and

WHEREAS, in addition, many local city and county governments have equipment and personnel that are used to clear local roads during winter weather emergencies; and

WHEREAS, these local governments are already on site and could begin the cleanup of many state routes prior to the arrival of crews from the Georgia Department of Transportation; and

WHEREAS, it is only prudent for the department to authorize these local governments to begin clearing ice and snow from state routes when they are able to do so; and

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WHEREAS, the department needs to develop and implement a procedure to preauthorize local governments to participate in the removal of snow and ice from state routes when an emergency exists in this state; and

WHEREAS, the department needs to develop a list of qualified and responsible contractors willing to assist with equipment and personnel when called upon by the department.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is urged to identify and qualify contractors willing to assist in weather or other emergencies in order to prevent gridlock on the highways of this state. These contractors should be financially responsible and able to capably perform the duties assigned to them.

BE IT FURTHER RESOLVED that the Georgia Department of Transportation is urged to develop and implement a procedure to preauthorize local governments to clear snow and ice from state routes during an emergency.

BE IT FURTHER RESOLVED that the Georgia Department of Transportation is urged to develop a multi-jurisdictional and intra-departmental integrated action plan which coordinates state and local government efforts to remove snow and ice when an emergency exists in this state and to safely direct the flow of traffic.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and the members of the State Transportation Board.

Approved May 13, 2011.

__________

GENERAL ASSEMBLY JOINT COMMITTEE ON WATER SUPPLY.

No. 251 (Senate Resolution No. 15).

A RESOLUTION

Creating the Joint Committee on Water Supply; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Committee on Water Supply to be composed of ten members as follows: five

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members of the House of Representatives shall be appointed by the Speaker of the House with one being the chairperson of the House Natural Resources and Environment Committee and five members of the Senate shall be appointed by the President of the Senate with one being the chairperson of the Senate Natural Resources and the Environment Committee. The House and Senate Natural Resources and Environment Committee chairpersons shall serve as co-chairpersons. The committee shall meet on the call of either co-chairperson. The committee shall undertake a study and analysis of the current status of the state's reservoir system and shall conduct a comprehensive analysis of the state's strategic needs for additional water supply, including without limitation the identification of creative financing options for water reservoirs and other opportunities for water supply enhancement. The committee may conduct its 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 its objectives and purposes. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this section shall come from the funds appropriated to the House of Representatives and Senate. The committee is directed to make a report of its findings and recommendations not later than December 31, 2011. The committee shall stand abolished on December 31, 2011.

Approved May 13, 2011.

__________

CONTRACTS CRIMINAL PROCEDURE LAW ENFORCEMENT LOCAL GOVERNMENT PENAL INSTITUTIONS PUBLIC OFFICERS STATE GOVERNMENT ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011; SECURE AND VERIFIABLE IDENTITY DOCUMENT ACT.

No. 252 (House Bill No. 87).

AN ACT

To enact the "Illegal Immigration Reform and Enforcement Act of 2011"; to amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to provide penalties for the failure of a public employer to utilize the federal work authorization program; to require certain private employers to utilize the federal work authorization program; to provide for review by the state auditor and the Department of Labor; to provide for definitions; to amend Title 16 of the Official Code of

GEORGIA LAWS 2011 SESSION

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Georgia Annotated, relating to crimes and offenses, so as to provide for offenses involving illegal aliens; to provide for the offense of aggravated identity fraud; to provide for penalties; to amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, so as to provide for the investigation of illegal alien status; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide authority for law enforcement officers to enforce federal immigration laws under certain circumstances and to provide immunity for such officers subject to limitations; to provide for civil and criminal penalties; to modify provisions relating to training peace officers for enforcement of immigration and custom laws; to establish grant funding for local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration law; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, so as to require proof that private businesses are participating in the employment eligibility verification system prior to the issuance of a business license or other documents; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for the verification of the immigration status of foreign nationals arrested and held in a county or municipal jail; to provide that local governing authorities that have entered or attempted to enter into certain memorandums of agreement with the federal government shall receive additional funding for confinement of state inmates; to provide for a funding contingency; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for penalties for failure of agency heads to abide by certain state immigration laws; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to provide for identification documents by applicants for public benefits; to enact the "Secure and Verifiable Identity Document Act"; to provide penalties for the failure of an agency head to verify the lawful immigration status of certain applicants for public benefits; to establish the Immigration Enforcement Review Board; to establish a study on the impact of immigration reform on Georgia's agricultural industry within the Department of Agriculture; 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. This Act shall be known and may be cited as the "Illegal Immigration Reform and Enforcement Act of 2011."

SECTION 2. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-90, relating to definitions, as follows:

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"13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Labor. (2) 'Contractor' means a person or entity that enters into a contract for the physical performance of services with a public employer. (3) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify employment eligibility information of newly hired employees, commonly known as E-Verify, or any subsequent replacement program. (4) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process. (5) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state with more than one employee. (6) 'Subcontractor' means a person or entity having privity of contract with a contractor and includes a contract employee or staffing agency. (7) 'Sub-subcontractor' means a person or entity having privity of contract with a subcontractor or privity of contract with another person or entity contracting with a subcontractor or sub-subcontractor."

SECTION 3. Said article is further amended by revising subsections (a) and (b) of Code Section 13-10-91, relating to the verification of new employee eligibility, applicability, and rules and regulations, as follows:
"(a) Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify employment eligibility of all newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, then the local government shall submit such information to the Carl Vinson Institute of Government of the University of Georgia to be posted by the institute on the website created for local government audit and budget reporting. The Carl Vinson Institute of Government of the University of Georgia shall maintain the information submitted and provide instructions and submission guidelines for local governments. State departments, agencies, or instrumentalities may satisfy the requirement of this Code section by posting

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information required by this Code section on one website maintained and operated by the state.
(b)(1) A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:
(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt. (2) A contractor shall not enter into any contract with a public employer for the physical performance of services unless the contractor registers and participates in the federal work authorization program. (3) A subcontractor shall not enter into any contract with a contractor unless such subcontractor registers and participates in the federal work authorization program. A subcontractor shall submit, at the time of such contract, an affidavit to the contractor in the same manner and with the same information required in paragraph (1) of this subsection. It shall be the duty of any subcontractor receiving an affidavit from a sub-subcontractor to forward notice to the contractor of the receipt, within five business days of receipt, of such affidavit. It shall be the duty of a subcontractor receiving notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor. (4) A sub-subcontractor shall not enter into any contract with a subcontractor or sub-subcontractor unless such sub-subcontractor registers and participates in the federal work authorization program. A sub-subcontractor shall submit, at the time of such contract, an affidavit to the subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract, in the same manner and with the same information required in paragraph (1) of this subsection. It shall be the duty of any sub-subcontractor to forward notice of receipt of any affidavit from a sub-subcontractor

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to the subcontractor or sub-subcontractor with whom such receiving sub-subcontractor has privity of contract. (5) In lieu of the affidavit required by this subsection, a contractor, subcontractor, or sub-subcontractor who has no employees and does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of any part or all of the original contract with the public employer shall instead provide a copy of the state issued driver's license or state issued identification card of such contracting party and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of the original contract with a public employer. A driver's license or identification card shall only be accepted in lieu of an affidavit if it is issued by a state within the United States and such state verifies lawful immigration status prior to issuing a driver's license or identification card. For purposes of satisfying the requirements of this subsection, copies of such driver's license or identification card shall be forwarded to the public employer, contractor, subcontractor, or sub-subcontractor in the same manner as an affidavit and notice of receipt of an affidavit as required by paragraphs (1), (3), and (4) of this subsection. Not later than July 1, 2011, the Attorney General shall provide a list of the states that verify immigration status prior to the issuance of a driver's license or identification card and that only issue licenses or identification cards to persons lawfully present in the United States. The list of verified state drivers' licenses and identification cards shall be posted on the website of the State Law Department and updated annually thereafter. In the event that a contractor, subcontractor, or sub-subcontractor later determines that he or she will need to hire employees to satisfy or complete the physical performance of services under an applicable contract, then he or she shall first be required to comply with the affidavit requirements of this subsection. (6) It shall be the duty of the contractor to submit copies of all affidavits, drivers' licenses, and identification cards required pursuant to this subsection to the public employer within five business days of receipt. No later than August 1, 2011, the Departments of Audits and Accounts shall create and post on its website form affidavits for the federal work authorization program. The affidavits shall require fields for the following information: the name of the project, the name of the contractor, subcontractor, or sub-subcontractor, the name of the public employer, and the employment eligibility information required pursuant to this subsection.
(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer. Subject to available funding, the state auditor shall conduct annual compliance audits on a

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minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's website on or before September 30. (B) If the state auditor finds a political subdivision to be in violation of this subsection, such political subdivision shall be provided 30 days to demonstrate to the state auditor that such political subdivision has corrected all deficiencies and is in compliance with this subsection. If, after 30 days, the political subdivision has failed to correct all deficiencies, such political subdivision shall be excluded from the list of qualified local governments under Chapter 8 of Title 50 until such time as the political subdivision demonstrates to the state auditor that such political subdivision has corrected all deficiencies and is in compliance with this subsection.
(C)(i) At any time after the state auditor finds a political subdivision to be in violation of this subsection, such political subdivision may seek administrative relief through the Office of State Administrative Hearings. If a political subdivision seeks administrative relief, the time for correcting deficiencies shall be tolled, and any action to exclude the political subdivision from the list of qualified governments under Chapter 8 of Title 50 shall be suspended until such time as a final ruling upholding the findings of the state auditor is issued. (ii) A new compliance report submitted to the state auditor by the political subdivision shall be deemed satisfactory and shall correct the prior deficient compliance report so long as the new report fully complies with this subsection. (iii) No political subdivision of this state shall be found to be in violation of this subsection by the state auditor as a result of any actions of a county constitutional officer. (D) If the state auditor finds any political subdivision which is a state department or agency to be in violation of the provisions of this subsection twice in a five-year period, the funds appropriated to such state department or agency for the fiscal year following the year in which the agency was found to be in violation for the second time shall be not greater than 90 percent of the amount so appropriated in the second year of such noncompliance. Any political subdivision found to be in violation of the provisions of this subsection shall be listed on www.open.georgia.gov or another official state website with an indication and explanation of each violation. (8) Contingent upon appropriation or approval of necessary funding and in order to verify compliance with the provisions of this subsection, each year the Commissioner shall conduct no fewer than 100 random audits of public employers and contractors or may conduct such an audit upon reasonable grounds to suspect a violation of this subsection. The results of the audits shall be published on the www.open.georgia.gov website and on the Georgia Department of Labor's website no later than December 31 of each year. The Georgia Department of Labor shall seek funding from the United States Secretary of Labor to the extent such funding is available. (9) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to this subsection shall be guilty of a

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violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Contractors, subcontractors, sub-subcontractors, and any person convicted for false statements based on a violation of this subsection shall be prohibited from bidding on or entering into any public contract for 12 months following such conviction. A contractor, subcontractor, or sub-subcontractor that has been found by the Commissioner to have violated this subsection shall be listed by the Department of Labor on www.open.georgia.gov or other official website of the state with public information regarding such violation, including the identity of the violator, the nature of the contract, and the date of conviction. A public employee, contractor, subcontractor, or sub-subcontractor shall not be held civilly liable or criminally responsible for unknowingly or unintentionally accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor acting in violation of this subsection. Any contractor, subcontractor, or sub-subcontractor found by the Commissioner to have violated this subsection shall, on a second or subsequent violations, be prohibited from bidding on or entering into any public contract for 12 months following the date of such finding. (10) There shall be a rebuttable presumption that a public employer, contractor, subcontractor, or sub-subcontractor receiving and acting upon an affidavit conforming to the content requirements of this subsection does so in good faith, and such public employer, contractor, subcontractor, or sub-subcontractor may rely upon such affidavit as being true and correct. The affidavit shall be admissible in any court of law for the purpose of establishing such presumption. (11) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10."

SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Article 8 of Chapter 9, relating to identity fraud, by adding a new Code section to read as follows:
"16-9-121.1. (a) A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment. (b) The offense created by this Code section shall not merge with any other offense."

SECTION 5. Said article of said title is further amended by revising Code Section 16-9-126, relating to penalties for violations, as follows:
"16-9-126. (a) A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten

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years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both. (a.1) A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received. (b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both. (c) Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud. (d) Each violation of this article shall constitute a separate offense. (e) Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction."

SECTION 6. Said article of said title is further amended by revising Code Section 16-9-128, relating to exemptions, as follows:
"16-9-128. (a) The prohibitions set forth in Code Sections 16-9-121, 16-9-121.1, and 16-9-122 shall not apply to nor shall any cause of action arise under Code Sections 16-9-129 and 16-9-131 for:
(1) The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction; (2) The lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institution; (3) The lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attachment, court order, or other judicial or administrative order, decree, or directive; or (4) The good faith use of identifying information with the permission of the affected person. (b) The exemptions provided in subsection (a) of this Code section shall not apply to a person intending to further a scheme to violate Code Section 16-9-121, 16-9-121.1, or 16-9-122. (c) It shall not be necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article involving a business victim. In such cases, the burden of proof of any exemption or exception is upon the business victim claiming it."

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SECTION 7. Said title is further amended in Chapter 11, relating to offenses against public order and safety, by adding a new article to read as follows:

"ARTICLE 5

16-11-200. (a) As used in this Code section, the term:
(1) 'Illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (2) 'Motor vehicle' shall have the same meaning as provided in Code Section 40-1-1. (b) A person who, while committing another criminal offense, knowingly and intentionally transports or moves an illegal alien in a motor vehicle for the purpose of furthering the illegal presence of the alien in the United States shall be guilty of the offense of transporting or moving an illegal alien. (c) Except as provided in this subsection, a person convicted for a first offense of transporting or moving an illegal alien who moves seven or fewer illegal aliens at the same time shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. A person convicted for a second or subsequent offense of transporting or moving an illegal alien, and a person convicted on a first offense of transporting or moving an illegal alien who moves eight or more illegal aliens at the same time, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. A person who commits the offense of transporting or moving an illegal alien who does so with the intent of making a profit or receiving anything of value shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. (d) This Code section shall not apply to: (1) A government employee transporting or moving an illegal alien as a part of his or her official duties or to any person acting at the direction of such employee; (2) A person who transports an illegal alien to or from a judicial or administrative proceeding when such illegal alien is required to appear pursuant to a summons, subpoena, court order, or other legal process; (3) A person who transports an illegal alien to a law enforcement agency or a judicial officer for official government purposes; (4) An employer transporting an employee who was lawfully hired; or (5) A person providing privately funded social services.

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16-11-201. (a) As used in this Code section, the term:
(1) 'Harboring' or 'harbors' means any conduct that tends to substantially help an illegal alien to remain in the United States in violation of federal law but shall not include a person providing services to infants, children, or victims of a crime; a person providing privately funded social services; a person providing emergency medical service; or an attorney or his or her employees for the purpose of representing a criminal defendant. (2) 'Illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (b) A person who is acting in violation of another criminal offense and who knowingly conceals, harbors, or shields an illegal alien from detection in any place in this state, including any building or means of transportation, when such person knows that the person being concealed, harbored, or shielded is an illegal alien, shall be guilty of the offense of concealing or harboring an illegal alien. (c) Except as provided in this subsection, a person convicted of concealing or harboring an illegal alien who conceals or harbors seven or fewer illegal aliens at the same time in the same location shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. A person convicted of concealing or harboring an illegal alien who conceals or harbors eight or more illegal aliens at the same time in the same location, or who conceals or harbors an illegal alien with the intent of making a profit or receiving anything of value, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. (d) This Code section shall not apply to a government employee or any person acting at the express direction of a government employee who conceals, harbors, or shelters an illegal alien when such illegal alien is or has been the victim of a criminal offense or is a witness in any civil or criminal proceeding or who holds an illegal alien in a jail, prison, or other detention facility.

16-11-202. (a) As used in this Code section, the term 'illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (b) A person who is acting in violation of another criminal offense and who knowingly induces, entices, or assists an illegal alien to enter into this state, when such person knows that the person being induced, enticed, or assisted to enter into this state is an illegal alien, shall be guilty of the offense of inducing an illegal alien to enter into this state. (c) Except as provided in subsection (d) of this Code section, for a first offense, a person convicted of inducing an illegal alien to enter into this state shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to

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exceed 12 months, a fine not to exceed $1,000.00, or both. For a second or subsequent conviction of inducing an illegal alien to enter into this state, a person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. (d) A person who commits the offense of inducing an illegal alien to enter into this state who does so with the intent of making a profit or receiving any thing of value shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.

16-11-203. The testimony of any officer, employee, or agent of the federal government having confirmed that a person is an illegal alien shall be admissible to prove that the federal government has verified such person to be present in the United States in violation of federal immigration law. Verification that a person is present in the United States in violation of federal immigration law may also be established by any document authorized by law to be recorded or filed and in fact recorded or filed in a public office where items of this nature are kept."

SECTION 8. Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, is amended by adding a new article to read as follows:

"ARTICLE 5

17-5-100. (a) As used in this Code section, the term:
(1) 'Criminal violation' means a violation of state or federal criminal law but shall not include a violation of a county or municipal law, regulation, or ordinance. (2) 'Illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (b) Except as provided in subsection (f) of this Code section, during any investigation of a criminal suspect by a peace officer, when such officer has probable cause to believe that a suspect has committed a criminal violation, the officer shall be authorized to seek to verify such suspect's immigration status when the suspect is unable to provide one of the following: (1) A secure and verifiable document as defined in Code Section 50-36-2; (2) A valid Georgia driver's license; (3) A valid Georgia identification card issued by the Department of Driver Services;

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(4) If the entity requires proof of legal presence in the United States before issuance, any valid driver's license from a state or district of the United States or any valid identification document issued by the United States federal government; (5) A document used in compliance with paragraph (2) of subsection (a) of Code Section 40-5-21; or (6) Other information as to the suspect's identity that is sufficient to allow the peace officer to independently identify the suspect. (c) When attempting to determine the immigration status of a suspect pursuant to subsection (b) of this Code section, a peace officer shall be authorized to use any reasonable means available to determine the immigration status of the suspect, including: (1) Use of any authorized federal identification data base; (2) Identification methods authorized by federal law, including those authorized by 8 USCA 1373(c), 8 USCA 1644; (3) Use of electronic fingerprint readers or similar devices; or (4) Contacting an appropriate federal agency. (d) A peace officer shall not consider race, color, or national origin in implementing the requirements of this Code section except to the extent permitted by the Constitutions of Georgia and of the United States. (e) If during the course of the investigation into such suspect's identity, a peace officer receives verification that such suspect is an illegal alien, then such peace officer may take any action authorized by state and federal law, including, but not limited to, detaining such suspected illegal alien, securely transporting such suspect to any authorized federal or state detention facility, or notifying the United States Department of Homeland Security or successor agency. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges. (f) No person who in good faith contacts or has contact with a state or local peace officer or prosecuting attorney or member of the staff of a prosecuting attorney for the purpose of acting as a witness to a crime, to report criminal activity, or to seek assistance as a victim to a crime shall have his or her immigration status investigated based on such contact or based on information arising from such contact. (g) A peace officer, prosecuting attorney, or government official or employee, acting in good faith to carry out any provision of this Code section, shall have immunity from damages or liability from such actions."

SECTION 9. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-16. (a) It is the intent of the General Assembly to encourage Georgia law enforcement officials to work in conjunction with federal immigration authorities and to utilize all resources

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made available by the federal government to assist state and local law enforcement officers in the enforcement of the immigration laws of this state and of the United States. (b) Cooperation with federal authorities.
(1) To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall be authorized to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes. (2) State and local agencies shall be authorized to enter into memorandum of understandings and agreements with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state. A peace officer acting within the scope of his or her authority under any such memorandum of understanding, agreement, or other authorization from the federal government shall have the power to arrest, with probable cause, any person suspected of being an illegal alien. (3) Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws. (4) When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section. (c) Authority to transport illegal aliens. If a state or local law enforcement officer has verification that a person is an illegal alien, then such officer shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention and to reasonably detain such illegal alien when authorized by federal law. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges. (d) Authority to arrest illegal aliens. When authorized by federal law, a state or local law enforcement officer shall be authorized to arrest any person based on such person's status as an illegal alien or for a violation of any federal immigration law. (e) Immunity. A law enforcement officer or government official or employee, acting in good faith to enforce immigration laws pursuant to an agreement with federal authorities

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to collect or share immigration status information, or to carry out any provision of this Code section, shall have immunity from damages or liability from such actions."

SECTION 10. Said title is further amended in Code Section 35-2-14, relating to defining peace officer and the enforcement of immigration and custom laws, by revising subsection (d) as follows:
"(d) The commissioner shall annually designate no fewer than ten peace officers to apply to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to any federal Homeland Security Appropriation Act or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding."

SECTION 11. Said title is further amended by adding a new Code section to read as follows:
"35-6A-10. (a) Subject to available funding, the council shall establish a grant or incentive program for the provision of funds to local law enforcement agencies as incentive to such agencies to use the federal Department of Homeland Security's Secure Communities initiative or any successor or similar program and shall establish an incentive program and a grant program to offset the costs for local law enforcement agencies to enter into and implement memorandums of agreement with federal agencies under Section 287(g) of the federal Immigration and Nationality Act. In awarding such grants or incentives, the council shall be authorized to consider and give priority to local areas with the highest crime rates for crimes committed by illegal aliens. (b) The council shall:
(1) Subject to available funding, provide incentive programs and grants to local law enforcement agencies for utilizing federal resources and for entering into agreements with federal agencies for the enforcement of immigration law; (2) Provide technical assistance to local governments and agencies for obtaining and qualifying for incentive programs and grant funds to utilize available federal resources and to enter into and implement such agreements provided for in subsection (a) of this Code section; (3) Communicate information regarding the availability of federal resources and agreements provided for in subsection (a) of this Code section and the availability of related incentive programs and grant funds and post such information on the agency's official Internet website; (4) Provide technical assistance and information regarding the process for contacting federal agencies, utilizing federal resources, and entering into agreements provided for in subsection (a) of this Code section and post such information on the agency's official Internet website; and

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(5) Support state-wide campaigns and information programs in an effort to encourage every local law enforcement agency in this state to utilize federal resources and enter into agreements for the enforcement of state and federal immigration law."

SECTION 12. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, is amended by revising Code Section 36-60-6, relating to issuance of local business licenses and evidence of state licensure, as follows:
"36-60-6. (a) Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (b) For purposes of this Code section, the term 'employee' shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week. (c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented. (d) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees

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but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies. (f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012. (g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number. (h) Any person presenting false or misleading evidence of state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section. (i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10. (j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this Code section.

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During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section."

SECTION 13. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-4-14, relating to determination of nationality of a person charged with felony and confined in a jail facility, as follows:
"42-4-14. (a) As used in this Code section, the term 'illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (b) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined. (c) When any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the foreign national, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated by the federal government. If the foreign national is determined to be an illegal alien, the keeper of the jail or other officer shall notify the United States Department of Homeland Security, or other office or agency designated for notification by the federal government. (d) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that upon verification that any person confined in a jail is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law. (e) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section."

SECTION 14. Said title is further amended by revising subsection (c) of Code Section 42-5-51, relating to reimbursement of counties for housing certain inmates, as follows:
"(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department shall reimburse the county, in a sum not less than $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15

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days after proper documentation is received by the department from the clerk of the court; provided, however, that, subject to an appropriation of funds, local governing authorities that have entered into memorandums of understanding or agreement or that demonstrate continuous attempts to enter into memorandums of understanding or agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive an additional payment in the amount of 10 percent of the established rate paid for reimbursement for the confinement of state inmates in local confinement facilities. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial."

SECTION 15. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-10-28, relating to penalties for a violation of Part 1 of Article 2 of Chapter 10 of Title 45 and civil actions by the Attorney General to collect penalties, as follows:
"45-10-28. (a)(1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) Removal from office or employment; (B) A civil fine not to exceed $10,000.00; and (C) Restitution to the state of any pecuniary benefit received as a result of such violation. (2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation.
(b) The penalties provided for in subsection (a) of this Code section may be imposed in any civil action brought for that purpose, and such actions shall be brought by the Attorney General.

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(c) As used in this subsection, the term 'agency head' shall have the same meaning as set forth in Code Section 50-36-1. Any public official, agency head, or employee who violates Code Section 13-10-91 or 50-36-1 shall be subject to:
(A) A civil fine not to exceed $10,000.00; (B) Restitution to the state or local government, whichever is applicable, of any pecuniary benefit received as a result of such violation; and (C) Where such violation is committed knowingly and intentionally, removal from office or employment."

SECTION 16. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising subsection (a) of Code Section 50-36-1, relating to verification of lawful presence within the United States for receipt of certain government benefits, by renumbering paragraphs (1) through (3) as paragraphs (2) through (4), respectively, and by adding a new paragraph (1) to read as follows:
"(1) 'Agency head' means a director, commissioner, chairperson, mayor, councilmember, board member, sheriff, or other executive official, whether appointed or elected, responsible for establishing policy for a public employer."

SECTION 17. Said Code section of said chapter is further amended by revising subsection (e) as follows:
"(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:
(1) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2; (2) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state:
(A) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (B) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency; and (3) The state auditor shall create affidavits for use under this Code section and shall keep a current version of such affidavits on the Department of Audits and Account's official website. (4) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10."

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SECTION 18. Said Code section of said chapter is further amended by revising subsection (o) as follows:
"(o) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:
(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and (2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section. The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney's fees and expenses of litigation incurred in bringing such an action and investigating such violation."

SECTION 19. Said chapter is further amended by adding a new Code section to read as follows:
"50-36-2. (a) This Code section shall be known and may be cited as the 'Secure and Verifiable Identity Document Act.' (b) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Public official' means an elected or appointed official or an employee or an agent of an agency or political subdivision. (3) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies. Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder's immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) of this Code section shall be considered secure and verifiable documents. (c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document.

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(d) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. (e) This Code section shall not apply to:
(1) A person reporting a crime; (2) An agency official accepting a crime report, conducting a criminal investigation, or assisting a foreign national to obtain a temporary protective order; (3) A person providing services to infants, children, or victims of a crime; (4) A person providing emergency medical service; (5) A peace officer in the performance of the officer's official duties and within the scope of his or her employment; (6) Instances when a federal law mandates acceptance of a document; (7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment; (8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or (9) An attorney or his or her employees for the purpose of representing a criminal defendant. (f) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law's website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General."

SECTION 20. Said chapter is further amended by adding a new Code section to read as follows:
"50-36-3. (a) As used in this Code section, the term:
(1) 'Board' means the Immigration Enforcement Review Board. (2) 'Public agency or employee' means any government, department, commission, committee, authority, board, or bureau of this state or any political subdivision of this state and any employee or official, whether appointed, elected, or otherwise employed by such a governmental entity. (3) 'Served' or 'service' means delivery by certified mail or statutory overnight delivery, return receipt requested. (b) The Immigration Enforcement Review Board is established and shall consist of seven members. Three members shall be appointed by the Governor, two members shall be appointed by the Lieutenant Governor, and two members shall be appointed by the Speaker of the House of Representatives. A chairperson shall be selected by a majority vote of the members. All matters before the board shall be determined by a majority vote of qualified board members. Members shall be appointed for terms of two years and shall continue to hold such position until their successors are duly appointed and qualified. A member may

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be reappointed to an additional term. If a vacancy occurs in the membership of the board, the appropriate appointing party shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified. (c) The board shall be attached to the Department of Audits and Accounting for administrative purposes. The members of the board shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with the investigation and review of complaints from funds of the board appropriated to the Department of Audits and Accounting for such purposes. (d) The Immigration Enforcement Review Board shall have the following duties:
(1) To conduct a review or investigation of any complaint properly filed with the board; (2) To take such remedial action deemed appropriate in response to complaints filed with the board, including holding hearings and considering evidence; (3) To make and adopt rules and regulations consistent with the provisions of this Code section; and (4) To subpoena relevant documents and witnesses and to place witnesses under oath for the provision of testimony in matters before the board. (e) The board shall have the authority to investigate and review any complaint with respect to all actions of a public agency or employee alleged to have violated or failed to properly enforce the provisions of Code Section 13-10-91, 36-80-23, or 50-36-1 with which such public agency or employee was required to comply. Complaints may be received from any legal resident of this state as defined by Code Section 40-2-1 who is also a legally registered voter. The method and grounds for filing a complaint shall be posted on the Department of Audits and Accounting's website. (f) The board shall meet at a minimum of once every three months and shall send a notice to all interested parties of the places and times of its meetings. The board shall issue a written report of its findings in all complaints which shall include such evaluations, judgments, and recommendations as it deems appropriate. (g) The initial review or hearing may, as determined by the board, be conducted by the full board or by one or more board members. Such review panel or members shall make findings and issue an initial decision. The initial decision shall be served upon the complaining party and the applicable public agency or employee that is the subject of a complaint within 60 calendar days. If the findings are adverse to the public agency or employee, or both, such party shall have 30 days to take the necessary remedial action, if any, and show cause why sanctions should not be imposed. (h) In the event that the remedial action does not occur to the satisfaction of the review panel or members, the reviewing panel or members shall make a recommendation specifying an appropriate sanction. Sanctions may include revocation of qualified local government status, loss of state appropriated funds, and a monetary fine of not less than $1,000.00 or more than $5,000.00. Sanctions shall only be imposed against an individual employee or official where there is a finding supported by a preponderance of

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the evidence that such individual knowingly and willfully violated or failed to abide by the provisions of Code Section 13-10-91, 36-80-23, or 50-36-1. (i) The initial decision or recommendation for sanctions, or both, shall be served upon the complaining party and the applicable public agency or employee that is the subject of a complaint. Where an initial decision is made by fewer than the entire board, the decision may be appealed to the full board. Appeals shall be filed with the board not later than 30 days following the recommendation for sanctions, or 30 days following the initial decision, if no adverse findings were made. Appeals may be made by the complainant or sanctioned public agency or employee. The full board shall by majority vote affirm, overturn, or modify the initial decision. The board may conduct a further hearing on the matter, or make a final decision based on the record from any previously held hearing by the original reviewing panel or members, or determine that no action is necessary based on the information before the board. Where the initial decision or recommendation is made by the full board, such decision shall be the final decision of the board following 30 days after service on the public agency or employee, unless further action is taken by the board prior to the expiration of the 30 day period. (j) When a public agency or employee fails to take the specified remedial action, the Attorney General shall be authorized to bring a civil mandamus action against such public agency or employee to enforce compliance with applicable law and the sanctions recommended by the board. Nothing contained in this Code section shall prohibit the Attorney General from seeking any other remedy available by law."

SECTION 20.1. WHEREAS, Georgia's agricultural industry is a vital pillar for this state's economy and essential to the quality of life enjoyed by all Georgians; and

WHEREAS, understanding the impact of immigration reform measures on Georgia's important agricultural industry is a fundamental key to the implementation of immigration reform in a manner that is in the best interests of this state; and

WHEREAS, the General Assembly recognizes that the federal guest worker program, designated the H-2A visa program, for temporary and seasonal agriculture immigrant workers is administratively cumbersome and flawed; and

WHEREAS, both Georgia and federal law fail to address many of the legal, economic, and security aspects of immigration issues facing our state and especially our agricultural industry; and

WHEREAS, these issues of great importance to the economy and of this state have not before received extensive study by the Georgia General Assembly and merit such detailed and specialized consideration at this time.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is directed to conduct a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the department deems necessary or appropriate. The Department of Agriculture shall consider the current and future impact of immigration on the state agricultural industry. The department shall work in conjunction with and collect expert testimony and information from the United States Department of Agriculture, the Department of Justice, and other state governments. The department shall specifically address the need for reform of the federal H-2A program and provide recommendations for such federal reform. In addition, the department shall recommend changes needed in Georgia to provide for improvements in the H-2A process, identify where such action may be taken by the state, and provide a report evaluating the legal and economic feasibility of implementing a state guest worker program. The department 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 Department of Agriculture shall make a final written report to the Governor, the President of the Senate, and the Speaker of the House of Representatives not later than January 1, 2012. Provided that the provisions of this Act have been complied with, the department shall not have any further obligation to continue such study on or after January 1, 2012.

SECTION 21. (a) If any provision or part of any provision of this Act or the application of the same is held invalid or unconstitutional, the invalidity shall not affect the other provisions or applications of this Act or any other part of this Act than can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable. (b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law. (c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights.

SECTION 22. Section 17 of this Act shall become effective on January 1, 2012. The remaining sections of this Act shall become effective on July 1, 2011. Except as otherwise expressly provided, the sections of this Act shall apply to offenses and violations occurring on or after their respective effective dates.

SECTION 23. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2011.

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STATE PROPERTY; CONVEYANCE.

No. 253 (Senate Resolution No. 114).

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Gwinnett County, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The Department of Transportation, an agency of the State of Georgia, is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said real property is all that tract or parcel of land containing 7.705 acres, more or less, bounded as follows: Beginning at a point 159.63 feet right of and opposite Station 1253+63.20 on the construction centerline of SR 316 on Georgia Highway Project No. MSL-0004-00 (86); running thence northeasterly 46.161 feet along the arc of a curve (said curve having a radius of 2069.860 feet and a chord distance of 46.160 feet on a bearing of N 7608N20O E) to the point 159.56 feet right of and opposite station 1254+13.41 on said construction centerline laid out for SR 316; thence S 1306!03" E a distance of 10.00 feet to a point 169.56 feet right of and opposite station 1254+13.42 on said construction centerline laid out for SR 316; thence N 7653!59" E a distance of 705.29 feet to a point 12.00 feet right of and opposite station 489+03.83 on said construction centerline laid out for Ramp T; thence N 8138!52" E a distance of 355.37 feet to a point 12.00 feet right of and opposite station 492+59.20 on said construction centerline laid out for Ramp T; thence northeasterly 265.313 feet along the arc of a curve (said curve having a radius of 1404.400 feet and a chord distance of 264.918 feet on a bearing of N 8703!35" E) to the point 12.00 feet right of and opposite station 495+26.78 on said construction centerline laid out for Ramp T; thence S 8731!41" E a distance of 9.97 feet to a point 12.00 feet right of and opposite station 495+36.75 on said construction centerline laid out for Ramp T; thence S 6026!03" W a distance of 112.39 feet to a point 68.92 feet right of and opposite station 494+37.06 on said construction centerline laid out for Ramp T; thence S 6026!03" W a distance of 1177.28 feet to a point 613.90 feet right of and opposite station 1255+06.58 on said construction centerline laid out for SR 316; thence N 3009!12" W a distance of 474.62 feet back to the point of beginning; (3) Said property is under the custody and control of the Georgia Department of Transportation; and (4) The Board of Regents of the University System of Georgia is desirous of acquiring the above-described property for public purpose.

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

SECTION 1. That the Department of Transportation, an agency of the State of Georgia, is the owner of the above-described Gwinnett County, Georgia, real property.

SECTION 2. That the above-described real property may be conveyed by appropriate instrument to the Board of Regents of the University System of Georgia 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 of Transportation specifically retains a reversionary right to the above-described property. In the event said property should no longer be needed for public purposes, the Board of Regents of the University System of Georgia acknowledges that title to said property will be returned to the Department of Transportation at no cost to the Department of Transportation, free and clear of any and all liens or encumbrances. The Board of Regents of the University System of Georgia further agrees to maintain the above-described property for public purposes upon acceptance and recording of the deed of conveyance.

SECTION 4. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the Department of Transportation.

SECTION 6. That custody of the above-described property shall remain in the Department of Transportation until the property is conveyed.

SECTION 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 8. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 13, 2011.

STATE PROPERTY; EASEMENTS.

No. 254 (Senate Resolution No. 103).

A RESOLUTION

Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Butts, Cherokee, Effingham, Floyd, Fulton, Gordon, Gwinnett, Houston, Thomas, and Wheeler Counties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Barrow, Butts, Cherokee, Effingham, Floyd, Fulton, Gordon, Gwinnett, Houston, Thomas, and Wheeler Counties; and

WHEREAS, the City of Milledgeville, Beasley Timber Management, LLC, Butts County Water and Sewer Authority, City of Thomasville, Flint Electric Membership Corporation, Georgia Department of Transportation, Jake Hughes Estate, Cave Spring Masonic Lodge, Lodge #206 F&AM, Georgia Power Company, Jackson Electric Membership Corporation, and North Georgia Electric Membership Corporation desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Georgia Department of Behavioral Health and Developmental Disabilities, Department of Corrections, State Forestry Commission, Department of Veterans Service, Department of Defense, Department of Education, Department of Labor, Department of Natural Resources, State Properties Commission, and the Technical College System of Georgia.

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

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ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, Georgia, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities, Department of Corrections, State Forestry Commission, and Department of Veterans Service (the custodial agencies) currently receiving water from the Central State Hospital water facility, which do not object to the granting of this easement, 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 City of Milledgeville, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water utility system consisting of underground lines, pipes, water towers, fixtures, and the like on, over, under, upon, across, or through the easement 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 easement area is located in Baldwin County, Georgia, and is more particularly described as follows:
All that real property in the custody of the custodial agencies being approximately 4,153 acres shown on a drawing entitled "Central State Campus" dated 3/16/2011.

SECTION 3. That the installation of any new water line or equipment on any state property within the easement area as necessary for the City of Milledgeville to carry out specific duties and services being transferred to the City of Milledgeville shall require advance approval from the affected custodial agency. No upgrades to, or replacement of, the utility shall be carried out without the accompaniment of a survey prepared and signed by a surveyor licensed in the State of Georgia or an engineered drawing designed and signed by an engineer licensed in the State of Georgia that more clearly defines the easement area associated with that water line. Prior to the granting of this easement, an agreement shall be executed concerning the operation and maintenance of existing and new water lines, facilities, and services between the City of Milledgeville and any affected custodial agencies.

SECTION 4. That the above-described premises shall be used solely for the purpose of maintaining, repairing, inspecting, and operating said utility.

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SECTION 5. That the City of Milledgeville 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 utility.

SECTION 6. That, after the City of Milledgeville assumes its aforementioned responsibilities 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 Milledgeville, or its successors and assigns, shall not have the option of removing any facilities in existence at the time this agreement was established or any facilities necessary for the unimpeded transfer of operational responsibilities that provide water to any state property currently receiving water service from the Central State Hospital water facility. Any facilities placed in the easement area and subsequently abandoned shall become the property of the State of Georgia or its successors and assigns.

SECTION 7. That no title shall be conveyed to the City of Milledgeville and, except as herein specifically granted to the City of Milledgeville, 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 Milledgeville.

SECTION 8. 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 interest of the State of Georgia, and the City of Milledgeville 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 Milledgeville. 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

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of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 9. That the easement granted to the City of Milledgeville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 10. That 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 11. That the consideration for such easement shall be water service provided by the City of Milledgeville to the custodial agencies; such water service shall be either free of charge or at a reduced fee and for a specified term as determined by the State Properties Commission. Central State Hospital water facility shall be conveyed in a separate agreement in which consideration shall not be less than the outstanding bond debt 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 12. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 13. That the authorization in this resolution to grant the above-described easement to the City of Milledgeville shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

SECTION 14. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE II SECTION 15.

That the State of Georgia is the owner of the hereinafter described real property in Barrow County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, 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 16. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the operation and maintenance of an electrical power line. Said easement area is located at Fort Yargo in Barrow County and is more particularly described as follows:
"That approximately 0.65 of an acre easement area and that portion only as shown highlighted in blue on that drawing prepared by Jackson Electric Membership Corporation and being Job Title "EXHIBIT 'B' ATTACHED TO JACKSON EMC EASEMENT # 22302", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 17. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 18. That Jackson 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 operation and maintenance of said electrical power line.

SECTION 19. That, after Jackson Electric Membership Corporation has put into use the electrical power line this easement is granted for, 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 Jackson 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 electrical power line shall become the property of the State of Georgia or its successors and assigns.

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SECTION 20. That no title shall be conveyed to Jackson Electric Membership Corporation and, except as herein specifically granted to Jackson 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 Jackson Electric Membership Corporation.

SECTION 21. 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 interest of the State of Georgia, and Jackson 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 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 Jackson 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 22. That the easement granted to Jackson 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 23. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area

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or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 24. That the consideration for such easement shall be for fair market value, 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 25. That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 26. That the authorization in this resolution to grant the above-described easement to Jackson Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 27. 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 28.

That the State of Georgia is the owner of the hereinafter described real property in Butts County, Georgia, and the property is in the custody of the Department of Corrections, which does not object to the granting of this easement, 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 29. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Butts County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Butts County, Georgia, and is more particularly described as follows:
"Those approximately 0.451 of an acre portion and that portion only as shown in green on a plat of survey prepared for the Butts County, ET AL., Water and Sewer

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Authority dated December 12, 2009 and prepared by T Ingram, Georgia Registered Land Surveyor and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 30. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.

SECTION 31. That the Butts 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.

SECTION 32. That, after the Butts County Water and Sewer Authority puts into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Butts 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 33. That no title shall be conveyed to the Butts County Water and Sewer Authority and, except as herein specifically granted to the Butts 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 Butts County Water and Sewer Authority.

SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 35. 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 interest of the State of Georgia, and the Butts 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 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 Butts 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 36. That the easement granted to the Butts 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 37. 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 38. That this grant of easement shall be recorded by the grantee in the Superior Court of Butts County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 39. That the authorization in this resolution to grant the above-described easement to the Butts County Water and Sewer Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 40. 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 41.

That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, 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 42. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the operation and maintenance of an electrical power line. Said easement area is located at the Canton campus of Chattahoochee Technical College in Cherokee County and is more particularly described as follows:
"That approximately 0.31 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by a Georgia Registered Engineer, and being Job Title "NEW CHEROKEE COUNTY CAMPUS BUILDING APPALACHIAN TECHNICAL COLLEGE", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 43. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 44. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 45. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors

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and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 46. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 47. 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 interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 48. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 49. 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

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a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 50. 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 51. That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 52. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 53. 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 54.

That the State of Georgia is the owner of the hereinafter described real property in Effingham County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, 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 55. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns, a nonexclusive easement area for the operation and maintenance of an electrical power line. Said easement area is located at the Savannah Technical College campus in Effingham County and is more particularly described as follows:

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"That approximately 1.010 acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by Steven Scott, a Georgia Registered Engineer, and being Job Title "EFFINGHAM COUNTY BOARD OF EDUCATION", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 56. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 57. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 58. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 59. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 60. 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 interest 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

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expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 61. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 62. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 63. 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 64. 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 65. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 66. 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 67.

That the State of Georgia is the owner of the hereinafter described real property in Floyd County, Georgia, and the property is in the custody of the Department of Education and Department of Labor, which do not object to the granting of this easement, 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 68. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jake Hughes Estate, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a driveway 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 driveway 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 Floyd County, Georgia, and is more particularly described as follows:
"That approximately 0.0516 of an acre portion and that portion only as shown highlighted in yellow on a access easement survey prepared by Eberly & Associates describing a ingress egress easement prepared for State of Georgia Department of Education and Georgia Department of Labor, 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 69. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said driveway.

SECTION 70. That Jake Hughes Estate 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 driveway.

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SECTION 71. That, after Jake Hughes Estate has put into use the driveway 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, Jake Hughes Estate, 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 72. That no title shall be conveyed to Jake Hughes Estate, and, except as herein specifically granted to Jake Hughes Estate, 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 Jake Hughes Estate.

SECTION 73. 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 Jake Hughes Estate 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 Jake Hughes Estate. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 74. That the easement granted to Jake Hughes Estate shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 75. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 76. That the consideration for such easement shall be for fair market value, 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 77. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 78. That the authorization in this resolution to grant the above-described easement to Jake Hughes Estate shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

SECTION 79. 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 80.

That the State of Georgia is the owner of the hereinafter described real property in Floyd County, Georgia, and the property is in the custody of the Department of Education and Department of Labor, which do not object to the granting of this easement, 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 81. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cave Spring Masonic Lodge, Lodge #206 F&AM, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a driveway in, on, over, under, upon, across, or through the easement area for the purpose of constructing,

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erecting, installing, maintaining, repairing, replacing, inspecting, and operating a driveway 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 Floyd County, Georgia, and is more particularly described as follows:
"That approximately 0.0516 of an acre portion and that portion only as shown highlighted in yellow on a access easement survey prepared by Eberly & Associates describing a ingress egress easement prepared for State of Georgia Department of Education and Georgia Department of Labor, 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 82. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said driveway.

SECTION 83. That Cave Spring Masonic Lodge, Lodge #206 F&AM, 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 driveway.

SECTION 84. That, after Cave Spring Masonic Lodge, Lodge #206 F&AM, has put into use the driveway 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, Cave Spring Masonic Lodge, Lodge #206 F&AM, 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 85. That no title shall be conveyed to Cave Spring Masonic Lodge, Lodge #206 F&AM, and, except as herein specifically granted to Cave Spring Masonic Lodge, Lodge #206 F&AM, 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 Cave Spring Masonic Lodge, Lodge #206 F&AM.

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SECTION 86. 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 Cave Spring Masonic Lodge, Lodge #206 F&AM, 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 Cave Spring Masonic Lodge, Lodge #206 F&AM. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 87. That the easement granted to Cave Spring Masonic Lodge, Lodge #206 F&AM, 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 88. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 89. That the consideration for such easement shall be for fair market value, 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.

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SECTION 90. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 91. That the authorization in this resolution to grant the above-described easement to Cave Spring Masonic Lodge, Lodge #206 F&AM, shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

SECTION 92. 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 93.

That the State of Georgia is the owner of the hereinafter described real property in Fulton County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, 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 94. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the relocation of overhead utilities to provide enhanced pedestrian access, conform to the federal Americans with Disabilities Act, and improve the aesthetics of the site and the operation and maintenance of an electrical power line. Said easement area is located at the Rhodes Memorial Hall in Fulton County and is more particularly described as follows:
"That approximately 0.05 of an acre easement area and that portion only as shown highlighted in yellow on that aerial drawing titled "Rhodes Memorial Hall, Easement to Georgia Power", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 95. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

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SECTION 96. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 97. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 98. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 99. 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 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

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SECTION 100. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 101. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 102. 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 103. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 104. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 105. 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 106.

That the State of Georgia is the owner of the hereinafter described real property in Fulton County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the

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"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 107. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the operation and maintenance of an electrical power line. Said easement area is located at the Atlanta campus of Atlanta Technical College in Fulton County and is more particularly described as follows:
"That approximately 0.241 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by Boyd L Rogers and being Job Title "Atlanta Technical College", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 108. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 109. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 110. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 111. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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SECTION 112. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 113. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 114. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 115. 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 116. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 117. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 118. 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 119.

That the State of Georgia is the owner of the hereinafter described real property in Gordon County, Georgia, and the property is in the custody of the Georgia Department of Defense, which does not object to the granting of this easement, 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 120. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a traffic safety improvement 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 traffic safety improvement 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 Gordon County, Georgia, and is more particularly described as follows:
"That 0.005 of an acre portion and that portion only as shown highlighted in yellow on a right of way survey prepared by Howard P Copeland describing a Traffic Operations Improvement easement prepared for Department of Transportation State of Georgia, 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.

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SECTION 121. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 122. That the 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 construction, operation, and maintenance of said traffic safety improvement.

SECTION 123. That, after the Department of Transportation has put into use the traffic safety improvement 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 Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 124. That no title shall be conveyed to the Department of Transportation, and, except as herein specifically granted to the 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 Georgia Department of Transportation.

SECTION 125. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 126. 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,

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under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the 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 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 127. That the easement 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 of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 128. 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 129. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 130. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XI SECTION 132.

That the State of Georgia is the owner of the hereinafter described real property in Gordon County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, 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 133. That the State of Georgia, acting by and through its State Properties Commission, may grant to North Georgia Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area, for the operation and maintenance of an electrical power line. Said easement area is located at the intersection of Western Atlantic Rail Road and Craigtown Road in Gordon County and is more particularly described as follows:
"That approximately 0.55 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by Donald O. Babb and being Job Title "NORTH GEORGIA ELECTRIC MEMBERSHIP CORP. OVER CSX RAILROAD", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 134. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 135. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 136. That, after North Georgia Electric Membership Corporation has put into use the electrical power line this easement is granted for, 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 North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 137. That no title shall be conveyed to North Georgia Electric Membership Corporation and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation.

SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by North Georgia Electric Membership Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 139. That the easement granted to North Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 140. That 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area

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or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 141. That the consideration for such easement shall be for fair market value, 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 142. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 143. That the authorization in this resolution to grant the above-described easement to North Georgia Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 144. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XII SECTION 145.

That the State of Georgia is the owner of the hereinafter described real property in Gordon County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, 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 146. That the State of Georgia, acting by and through its State Properties Commission, may grant to North Georgia Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area, for the operation and maintenance of an electrical power line. Said easement area is located at the intersection of Western Atlantic Rail Road and Miller Ferry Road in Gordon County and is more particularly described as follows:
"That approximately 0.55 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by Donald O. Babb and being Job Title "NORTH GEORGIA ELECTRIC MEMBERSHIP CORP. OVER CSX RAILROAD", and being on file in the offices of the 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 147. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 148. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 149. That, after North Georgia Electric Membership Corporation has put into use the electrical power line this easement is granted for, 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 North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 150. That no title shall be conveyed to North Georgia Electric Membership Corporation and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation.

SECTION 151. 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 interest of the State of Georgia, and North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense,

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not to exceed by 20 percent the amount of a written estimate provided by North Georgia Electric Membership Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 152. That the easement granted to North Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best 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 153. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 154. That the consideration for such easement shall be for fair market value, 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 155. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 156. That the authorization in this resolution to grant the above-described easement to North Georgia Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIII SECTION 158.

That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, 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 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the operation and maintenance of an electrical power line. Said easement area is located at the Lawrenceville campus of Gwinnett Technical College in Gwinnett County and is more particularly described as follows:
"That approximately 0.289 of an acre easement area and that portion only as shown highlighted in red on that drawing prepared by Charles Brandon Bailey and being Job Title "Gwinnett Tech", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 160. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 161. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.

SECTION 162. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, 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 Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 163. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 164. 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 interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 165. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 166.

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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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 167. 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 168. That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 169. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 170. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIV SECTION 171.

That the State of Georgia is the owner of the hereinafter described real property in Houston County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, 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 172. 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 area for the operation and maintenance of an electrical power line. Said approximately 20 foot by 600 foot easement area is located at the Warner Robins campus of

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Middle Georgia Technical College in Houston County and is more particularly described as follows:
"That approximately 0.275 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by the Technical College System of Georgia and being Job Title "Exhibit H", and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 173. That the above-described premises shall be used solely for the purpose of replacing, installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 174. 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 operation and maintenance of said electrical power line.

SECTION 175. That, after Flint Electric Membership Corporation has put into use the electrical power line this easement is granted for, 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 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 electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 176. 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 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

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determine to be in the best interest 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 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 178. 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 179. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 180. 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 181. 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.

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SECTION 182. That the authorization in this resolution to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 183. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XV SECTION 184.

That the State of Georgia is the owner of the hereinafter described real property in Thomas County, Georgia, and the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, 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 185. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomasville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Thomas County, Georgia, and is more particularly described as follows:
"Those approximately 0.631 of an acre portion and that portion only as shown in yellow on a plat of survey prepared for the Southwest Georgia Technical College dated May 5, 2010 and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 186. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.

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SECTION 187. That the City of Thomasville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas line.

SECTION 188. That, after the City of Thomasville puts into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomasville, 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 189. That no title shall be conveyed to the City of Thomasville and, except as herein specifically granted to the City of Thomasville, 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 Thomasville.

SECTION 190. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 191. 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 interest of the State of Georgia, and the City of Thomasville 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

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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 Thomasville. 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 192. That the easement granted to the City of Thomasville 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 193. 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 194. That this grant of easement shall be recorded by the grantee in the Superior Court of Thomas County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 195. That the authorization in this resolution to grant the above-described easement to the City of Thomasville shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 196. 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 XVI SECTION 197.

That the State of Georgia is the owner of the hereinafter described real property in Wheeler County, Georgia, and the property is in the custody of the State Forestry Commission, which does not object to the granting of this easement, 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 198. That the State of Georgia, acting by and through its State Properties Commission, may grant to Beasley Timber Management, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a thoroughfare 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 thoroughfare 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 Wheeler County, Georgia, and is more particularly described as follows:
"That 0.08 of an acre portion and that portion only as shown highlighted in yellow on a right of way survey prepared by Grady Boney describing an ingress egress easement prepared for State of Georgia Department of the Georgia Forestry Commission, 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 199. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said thoroughfare.

SECTION 200. That Beasley Timber Management, 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 construction, operation, and maintenance of said thoroughfare.

SECTION 201. That, after Beasley Timber Management, LLC has put into use the thoroughfare 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, Beasley Timber Management, LLC, 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 202. That no title shall be conveyed to Beasley Timber Management, LLC, and, except as herein specifically granted to Beasley Timber Management, LLC, 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 Beasley Timber Management, LLC.

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SECTION 203. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 204. 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 interest of the State of Georgia, and Beasley Timber Management, 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 Beasley Timber Management, 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 at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

SECTION 205. That the easement granted to Beasley Timber Management, 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 of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 206. That the consideration for such easement shall be for fair market value, 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.

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SECTION 207. That this grant of easement shall be recorded by the grantee in the Superior Court of Wheeler County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 208. That the authorization in this resolution to grant the above-described easement to Beasley Timber Management, LLC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 209. 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 XVII SECTION 210.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XVIII SECTION 211.

That all laws or parts of laws in conflict with this resolution are repealed.

Approved May 13, 2011.

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STATE PROPERTY; CONVEYANCES; EXCHANGES; LEASES; EASEMENTS.

No. 255 (House Resolution No. 95). AN ACT

Authorizing the conveyance of certain state owned real property located in Appling County, Georgia; authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the exchange of certain state owned real property in Burke County, Georgia; authorizing the leasing of certain state owned real property located in Calhoun County, Georgia; authorizing the conveyance of certain state

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owned real properties located in Carroll County, Georgia; authorizing the placement of certain restrictions on state owned real property located in Chatham County, Georgia; authorizing the conveyance and acquisition of certain state owned real property located in Clarke County, Georgia; authorizing the conveyance of certain state owned real properties located in Colquitt County, Georgia; authorizing the conveyance or leasing of certain state owned real property located in DeKalb County, Georgia; authorizing the leasing of certain state owned real property in Fulton County, Georgia; authorizing the conveyance and acquisition of an easement on certain state owned real property located in Greene County, Georgia; authorizing the conveyance of certain state owned real property located in Haralson County, Georgia; authorizing the conveyance of certain state owned real property located in Lowndes County, Georgia; authorizing the conveyance of certain state owned real property located in Madison County, Georgia; authorizing the sale of certain state owned real property located in Monroe County, Georgia; authorizing the conveyance of certain state owned real property located in Polk County, Georgia; authorizing the conveyance of and the lease of certain state owned real properties located in Stephens County, Georgia; authorizing the conveyance of and the lease of certain state owned real properties located in Toombs County, Georgia; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lots 191 and 234 of the 2nd Land District and Georgia Militia District 1297 of Appling County and containing approximately 2.74 acres along State Route 15 and is more particularly described on a plat of survey highlighted in yellow entitled "Right-of-Way Plan for Georgia Department of Transportation" last revised on July 14, 2008, 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 State Forestry Commission; (4) The Department of Transportation is improving the road as a portion of Project EDS-545(28), P.I. 522300, Parcel 45; (5) The Department of Transportation requires that the above-described property be owned in the name of the Department of Transportation and will purchase property from the state for fair market value including cost to cure any damages; (6) The State Forestry Commission, at its meeting of February 9-10, 2009, approved the conveyance of the above-described property to the Department of Transportation; and

WHEREAS:

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(1) The State of Georgia is the owner of certain parcels of real property located in Baldwin and Wilkinson Counties, Georgia; (2) Said real property is all that tract or parcel lying and being in Georgia Militia District 1714, Land Lots 247, 248, 264 Land District 5 of Baldwin County and containing approximately 4.23 acres to be conveyed and an additional 0.759 of an acre to be subject to an easement along U.S. Highway 540/Fall Line Freeway Stage 2, and all that tract or parcel lying and being in Georgia Militia District 328 of Wilkinson County and containing approximately 7.5 acres along U.S. Highway 540/Fall Line Freeway Stage 2 and is more particularly described on a May 7, 2004 drawing entitled "Right-of-Way Map for Georgia Department of Transportation" in Wilkinson and Baldwin Counties, Project EDS-0000-00(346), 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 State Forestry Commission; (4) The Department of Transportation is improving the road as a portion of Project RE: EDS-0000-00(346) Baldwin County P.I. # 0000346, Parcels 2A and 3, and Parcels 1A, 1B and 2B in Wilkinson County; (5) The Department of Transportation requires that the above-described property be owned in the name of the Department of Transportation and will purchase property from the state for fair market value including cost to cure any damages; (6) The State Forestry Commission, at its meeting of February 14, 2011, approved the conveyances of the above-described properties to the Department of Transportation;

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel lying and being in Lot 1 Square 73 of the Master Plan of Macon, Georgia at 811 Hemlock Street (formerly Oak Street) and containing approximately 0.361 of an acre less encumbered by an approximately 16 foot wide easement for access to the Macon-Bibb County Hospital Authority, as more particularly described on a survey at Plat Book 23 Page 146 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 Community Health and is known as the Macon Public Health Office; (4) The Department of Community Health, due to the age of this facility, is receptive to the idea of relocating the Division of Public Health's staff housed there to newer space in the same city as requested by the Division of Public Health; (5) The Macon-Bibb County Hospital Authority has indicated interest in acquiring the property for fair market value;

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(6) The Board of Community Health, at its meeting on March 10, 2011, approved the surplusing of this property and sale by competitive bid or to the Macon-Bibb County Hospital Authority at fair market value as determined by State Properties Commission; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Burke County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Georgia Militia District 68 of Burke County described as commencing at course L5 then continuing and including course EL1 to course R14 to the gate location then reconvening at course R24 then continuing to and ending at course R26 and containing approximately 3.3 acres, being more particularly described as a 30 foot-wide access easement on a plat of survey "Property Survey for Stuart Rackley" prepared by Warren E. Poythress, Georgia Registered Land Surveyor No. 1953, dated April 28, 2009, revised March 15, 2010, 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; and (3) The above-described property provides access to property owned by Stuart Rackley adjacent to the Yuchi Wildlife Management Area which is under the custody of the Department of Natural Resources; (4) Stuart Rackley is the owner of the underlying fee interest to approximately 57.86 acres on which a conservation easement to the state was conveyed on December 31, 2010, as described on the same plat; (5) Stuart Rackley is desirous of the state conveying the above-described 3.3 acre easement in exchange for a 30 foot-wide access easement of approximately 0.7 of an acre from Stuart Rackley commencing at course R4 then continuing to course R7 then reconvening at course R14 then continuing to and ending at course R24 on the same plat, and the consideration of the value of the conservation easement conveyed to the state on December 31, 2010; (6) Stuart Rackley and the Department of Natural Resources have reached an agreement for the exchange of easements which is advantageous to the state; (7) The Board of Natural Resources, by resolution dated October 27, 2010, recommended the exchange of easements as described above; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Calhoun County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Lot 176th of the 1st District of Calhoun County containing 1 acre and being more particularly described in a deed recorded in the Superior Court of Calhoun County in Deed Book V Folio 431 and being on file in the offices of the State Properties Commission and more specifically

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described in that aerial drawing locating a Forestry tower at the intersection of Tower Drive SE and Hartford Street East in the City of Edison, Georgia, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the State Forestry Commission; (4) The West Georgia Consortium Housing Authority is desirous of leasing for $10.00 a portion of the tower on the property to locate and operate a video security system through June 30, 2025, on that tower; (5) By resolution dated June 24, 2010, the State Forestry Commission recommended the leasing of said property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 219 of the 5th Land District of Carroll County and containing approximately 0.72 of one acre and is more particularly described on a plat of survey entitled "Right-of-Way Plan, Carroll County" last revised on March 22, 2010, and prepared by Douglas C. Crawford, Georgia Registered Land Surveyor #1833 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 Technical College System of Georgia at West Georgia Technical College; (4) There is heavy traffic causing safety concerns near Olympic Road and Georgia Highway 16, which will be compounded by new buildings at West Georgia Technical College; (5) The Carroll County Board of Commissioners has agreed to and intends to construct and maintain a safer road, and as a condition of maintaining it requires that the above-described property be owned in the name of the Carroll County Board of Commissioners; (6) The State Board of Technical and Adult Education, at its meeting of November 4, 2010, approved the conveyance of the above-described property to the Carroll County Board of Commissioners for $10.00; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all those tracts or parcels of land having been purchased from the development authority of the City of Bowdon for $2,000.00, lying and being in Land Lot 157 of the 9th Land District of Carroll County, Georgia, containing

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approximately 2.0 acres, as shown on a plat of survey entitled "State of Georgia, Department of Agriculture" dated May 16, 1994, prepared by Keck & Wood Engineers and Surveyors, approved by Ross Lynn, and on file in the offices of the State Properties Commission as Real Property Record 08701, 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 tract or parcel was formerly the site of the Bowdon Poultry Lab, now under the custody of the Department of Agriculture and no longer in operation; (4) The City of Bowdon is desirous of acquiring the above-described property for $2,000.00 for public purposes, specifically for operation of a free medical clinic in an economically depressed area, and on December 15, 2010, approved a resolution to that effect; and on January 14, 2011, the development authority of the City of Bowdon consented to the purchase of the property by the city; (5) By letter dated January 13, 2011, the Commissioner of Agriculture recommended that the above-described property be declared surplus and conveyed to the City of Bowdon for fair market value as determined by the State Properties Commission for public purpose, in this instance for operation of a free medical clinic in Bowdon; and

WHEREAS: (1) The State of Georgia is the owner by presumption of law of certain salt marshland located in the 7th Georgia Militia District of Chatham County, Georgia, and regulated by the Department of Natural Resources pursuant to the Coastal Marshlands Protection Act, of 1970, O.C.G.A. 12-5-280, et seq., and the Governor's powers to regulate public property pursuant to O.C.G.A. 50-16-61; (2) By virtue of a warranty deed dated December 31, 2008,and recorded in Deed Book 347 H Pages 362-363 of the Chatham County Clerk of Superior Court, the Board of Commissioners of Chatham County, Georgia, claims the same salt marshland comprising and containing 106 acres in the 7th Georgia Militia District as more fully described as Lot 1 on a survey titled "The Northeastern Portion of the Householder Tract, prepared for the Chatham County Board of Commissioners, JS&H Enterprises, LLP" dated December 18, 2008, by surveyor Wright C. Powers, Jr., Georgia Registered Land Surveyor No. 2612 for Thomas and Hutton Engineering Company recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book 40-S, Page 108-A, et seq. (the "Mitigation Bank Property"); (3) The state is also the owner by presumption of law of certain adjacent salt marshland to the Mitigation Bank Property located in the 7th Georgia Militia District of Chatham County, Georgia, and regulated by the Department of Natural Resources pursuant to the Coastal Marshlands Protection Act of 1970 and the Governor's powers to regulate public property pursuant to O.C.G.A. 50-16-61; (4) By virtue of a warranty deed dated August 4, 2006, and recorded in Deed Book 311G Pages 343-371 of the Chatham County Clerk of Superior Court, Chatham County claims

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the same salt marshland comprising less than one acre and containing a flood control weir ("Rock Weir") in the 7th Georgia Militia District, as more fully described on a survey titled "Acquisition Map, Quacco Canal, Drainage Improvements, for the Chatham County Board of Commissioners" prepared by Moreland Altobelki Associates, Inc., dated April 12, 2005, and last revised on May 20, 2005, and May 26, 2006, by surveyor Ronnie J. Joiner, Georgia Registered Land Surveyor No.2488, said plat incorporated into and recorded with the deed; (5) Chatham County, as a political subdivision of this state, desires to establish, construct, operate, maintain, and monitor a salt marsh wetland mitigation bank on the Mitigation Bank Property and the Rock Weir Property in accordance with 33 C.F.R. 325 and 33 C.F.R. 332 and the compensatory mitigation rules and regulations of the U. S. Army Corps of Engineers (40 C.F.R. Part 332) and consistent with a mitigation banking instrument approved by the USACE, the credits from which will be used solely for mitigating the unavoidable impacts associated with the construction of public works projects by Chatham County and the City of Savannah and agencies, authorities, and other entities within state government; (6) To resolve any dispute as to ownership of the above-referenced salt marshland, Chatham County will quitclaim to the state its interest in the properties; (7) Chatham County desires to enter into an intergovernmental agreement with the Department of Natural Resources for the establishment, construction, operation, maintenance, and monitoring of a mitigation bank in accordance with the requirements of the USACE on the properties and further provide the state with 25 percent of the bank mitigation credits as released by USACE at no cost to the state; (8) To establish the mitigation bank, Chatham County requests the state to place certain restrictions on the properties in accordance with the requirements of the USACE; (9) The Board of Natural Resources on March 7, 2011, passed a resolution recommending that permanent restrictions be placed on the properties in Chatham County, Georgia, in accordance with the USACE's requirements for the properties to be used as a mitigation bank by Chatham County in consideration of Chatham County quitclaiming its interest in the properties to the state and Chatham County, at its sole cost and expense, establishing, constructing, operating, maintaining, and monitoring of the mitigation bank on the properties with the state's right to use 25 percent of the mitigation credits as the credits are released by USACE pursuant to an intergovernmental agreement with the Department of Natural Resources; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clarke County, Georgia; (2) Said parcel is all that approximately 4.929 acre parcel of an approximately 9.9 acre tract of land lying and being in Georgia Militia District 219 of Clarke County, being more particularly described on an Exhibit of the Exchange parcels and may be more

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particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is across US Highway 29 from the main campus of Athens Technical College which is under the custody of the Technical College System of Georgia; (4) Athens Regional Hospital Authority is the owner in fee interest of approximately 3.474 acres on the same side of US Highway 29 as the main campus of Athens Technical College, as described on the same exhibit; (5) Athens Regional Hospital Authority stated in a resolution dated November 23, 2010, that it is desirous of the state conveying the above-described 4.929 acre parcel to the authority in exchange for the authority conveying to the state the 3.474 acre parcel, the two parcels being of equal value; (6) The authority and the Technical College System of Georgia have reached an agreement for the exchange of properties which is advantageous to the state; (7) The Technical College System of Georgia, by resolution dated November 4, 2010, recommended the exchange of properties; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Colquitt County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 260 of the 8th District of Colquitt County, Georgia, containing approximately 5 acres being the same property from the Colquitt County Board of Commissioners on May 14, 1962, for $1.00 as Real Property Record 01904, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of Moultrie Armory, now under the custody of the Department of Defense and no longer in operation; (4) The Colquitt County Board of Education is desirous of acquiring the above-described property for the public purpose of locating its kindergarten program; (5) By letter dated January 21, 2011, the adjutant general stated that all activities associated with the above-described property have been relocated to a new location and declared the property surplus to the needs of the department and recommended that the above-described property be conveyed to the Colquitt County Board of Education for $10.00 to be used for public purpose; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Colquitt County, Georgia;

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(2) Said real property is a parcel of land lying and being in Land Lot 262 of the 8th Land District of Colquitt County and containing approximately 0.287 of one acre as described on a plat of survey entitled "Survey for State of Georgia Department of Labor" dated November 10, 2009, and being on file in the offices of the State Properties Commission; (3) The Department of Labor has relocated all activities associated with the above-described property to a new location and has declared the property surplus to the needs of the department; (4) The Commissioner of Labor, by letter dated December 4, 2009, recommended that the above-described property be sold for fair market value; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia; and (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 79 of the 15th Land District of DeKalb County containing approximately 43 acres and being more particularly described on a drawing by the Department of Corrections titled Metro State Prison and Fleet Properties to Surplus dated February 18, 2011, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Department of Corrections and known as Metro State Prison and Vehicle Repair Center; (4) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; (5) The property will be sold by competitive bid or for the fair market value to local government entity as determined by the State Properties Commission; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Land Lot 78th of the 14th District of Fulton County containing approximately 3 acres and being more particularly described as Tract Parcels "1," "2," and "3" on a drawing entitled "Property Breakout Sketch (Green Lot CFHOF)" last revised February 4, 2011, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described tract parcels comprise a portion of the Geo. L. Smith II Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center

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Authority through that certain management agreement dated April 8, 1974, and subsequently amended; (4) The State of Georgia is the owner of certain parcels of real property adjacent to the above-described property also lying and being in Land Lot 78th of the 14th District of Fulton County and being more particularly described as "Central of Georgia Railroad" which is leased to CSX Transportation under that certain lease which expires December 31, 2019, and being on file in the offices of the State Properties Commission; (5) The Department of Economic Development, by and through the Geo. L. Smith II Georgia World Congress Center Authority, desires to: (i) construct a new parking deck; (ii) construct a new entranceway from Marietta Street to the Geo. L. Smith II Georgia World Congress Center; (iii) extend Baker Street and abandon Foundry Street; and (iv) remodel office space in Building A of the Geo. L. Smith II Georgia World Congress Center together with optional connecting pedestrian walkways on Tracts 1 and 2, respectively, for the enhancement of a proposed College Football Hall of Fame facility through the issuance of not more than $10,000,000.00 in principal amount of general obligation bonds as authorized in Section 50 of the General Appropriations Act for state fiscal year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, p. 160 of 164, Act No. 684)[BOND # 78] from state general funds; (6) Atlanta Hall Management, Inc., desires leasing Tract 2 being approximately 1.4 acres for 30 years with four renewal options of five years each, provided that Atlanta Hall Management, Inc., maintains licensing and authorization from the National Football Foundation for operation of the College Football Hall of Fame, and provided that certain plans and specifications for the College Football Hall of Fame are approved by the state, and that the lease of the "Primary Lease Parcel" is made upon other specified stipulations and terms and conditions as more particularly set forth in the resolution:
(A) State approval through Geo. L. Smith II Georgia World Congress Center Authority of exterior design plans for the College Football Hall of Fame facility; (B) The use of a certain number of parking spaces in the state's above-proposed parking deck; (C) Grant of a right of first offer to Atlanta Hall Management, Inc., for a period of ten years from the commencement date of the ground lease for the lease of certain air rights above the existing parking deck structure, provided that any new lease of such air rights will be presented to the General Assembly for approval; and (D) The granting of nonexclusive appurtenant easements for the use and enjoyment of the College Football Hall of Fame facility for the term of the lease which 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; and

WHEREAS: (1) The State of Georgia is the owner of a certain easement for the purpose of constructing, maintaining, operating, inspecting, protecting, repairing, modifying,

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replacing, improving, and removing a tower, appurtenances, and equipment for the transmission, reception, and relaying of radio signals, messages, and transmissions in, upon, and to that tract or parcel of land lying and being in the 138th District, G. M., Greene County, Georgia, containing approximately 6 acres, together with the right of ingress and egress to and from said tower, power poles, guys, conduits, and equipment over and across said lands and adjacent lands; (2) Said easement being more particularly described in the easement recorded in the Office of the Clerk of the Superior Court of Greene County, Georgia, in Deed Book 47, Page 450 and assigned by the Dixie Pipeline Company, as assignor, to the State of Georgia, as assignee, in that Assignment of Easement dated January 25, 2008, and recorded in the Office of the Clerk of the Superior Court of Greene County, Georgia, in Deed Book 914, Page 427-428 and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property provides access to the Woodville Radio Tower located on Georgia Highway 77 in Greene County, Georgia, and is under the custody of the Department of Natural Resources; (4) The County Commissioners of Greene County are desirous of the state conveying the above-described easement and the tower thereon to the commissioners in consideration for the commissioners entering into a 50 year intergovernmental agreement with the department to allow the state to install and maintain law enforcement communications and other telecommunications equipment on the existing tower or any replacement tower and the state's retention of a reversionary interest in the above-described easement in the event Greene County ceases to operate and maintain a communications tower on said property; and (5) The County Commissioners of Greene County and the Department of Natural Resources have reached an agreement for the conveyance of the above-described easement in consideration for the reversionary interest and the intergovernmental agreement which is advantageous to the state; (6) The Board of Natural Resources, by resolution dated February 23, 2011, recommended the conveyance of the easement as described above; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Haralson County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 230 of the 5th Section of the 7th Land District of Haralson County containing approximately 10.4 acres and being more particularly described on a plat of survey for the Department of Corrections by Cleveland S. Boutwell, Jr., Georgia Registered Land Surveyor # 1704, dated April 22, 1994, and being on file in the offices of the State Properties Commission as Real Property Record #8580;

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(3) The above-described property is under the custody of the Department of Corrections and was the West Georgia Inmate Boot Camp in Haralson County; (4) Haralson County is desirous of acquiring the above-described property for a public purpose; (5) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; (6) The property will be conveyed to Haralson County for good and valuable consideration as determined by the State Properties Commission; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County, Georgia; (2) Said real property is a 0.771 of an acre parcel or tract lying and being in Land Lot 76, and is described as Parcel 3 on those plans dated January 18, 2011, and entitled "State of Georgia Department of Transportation, Office: District 4 Tifton, Utility Plan Drawing 24-002, Sheet 19 of 66" for Georgia Department of Transportation Project BR000-0000-00 (684) Lowndes County, P.I. 000684, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Agriculture and is known as the Valdosta Farmers Market; (4) The City of Valdosta is improving and replacing Tucker Bridge Road at Dukes Bay Canal as a portion of Georgia Department of Transportation Project BR000-0000-00 (684) Lowndes County, P.I. 000684, and Parcel 3 of the project is a state owned unused parcel of approximately 0.771 of an acre at the rear of the 28 acre Valdosta Farmers Market; (5) The City of Valdosta requires that the above-described property be owned in its name and will purchase property from the state for $10.00 and cost to cure any damages; (6) In consideration of the improved safety and traffic resulting from the project, the Commissioner of Agriculture in a letter dated January 19, 2011, approved the conveyance of the above-described property to the City of Valdosta for $10.00; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Madison County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 204 of Madison County and is more particularly described as a total of approximately 0.65 of an acre of two parcels (0.37 and 0.28 of an acre) on a plat of survey dated April 7, 1981, recorded in Plat Book 21 Page 3, and the approximately 0.37 of an acre parcel being recorded in a deed dated June 7, 1955, in Deed Book U-3 Page 363 in the Office of the Clerk of Superior Court of Madison County a copy of which

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is on file as Real Property Record # 04444 in the offices of the State Properties Commission, and the 0.28 of an acre parcel being recorded in a deed dated April 7, 1981, in Deed Book A-7 Folio 421-423 in the Office of the Clerk of Superior Court of Madison County a copy of which is on file as Real Property Record # 07025 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the State Forestry Commission and was the Madison Sub-Unit; (4) The State Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Madison Sub-Unit will result in budgetary savings with minimal impact of service to the county, and on February 15, 2011, declared the improved property surplus to its needs; (5) Madison County conveyed the parcels in the property to the state for $1.00 each and is desirous of acquiring the property from the state for $10.00 with the stipulation that the property be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations and allow the State Forestry Commission to keep personnel and equipment at that location at no cost other than those associated with the commission's personnel and fire equipment; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Monroe County, Georgia; (2) Said real property is all that approximately 3 acre parcel or tract lying and being in Land Lot 214 of the 6th District and described on a survey titled "Survey of Proposed Site of Georgia State Patrol Station for Monroe County" by H.C. Kendrick, Jr., Georgia Registered Land Surveyor Number 1592, dated September 9, 1969, and recorded with the June 11, 1970, deed from the Commissioners of Roads and Revenues for Monroe County in Book 85 Folio 71 in the Office of the Clerk of Superior Court of Monroe County, a copy of which is on file as Real Property Record #5041 in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Public Safety and is known as State Patrol Post 44 in Forsyth, Georgia; (4) The post which the county built in 1969 has outlived its useful life and the county has offered to fully finance both demolition of the current post and construction of new post facilities not to exceed a cost of $750,000.00; (5) The Board of Public Safety at its November 18, 2010, meeting approved a resolution in support of the conveyance of the property to the Commissioners of Roads and Revenues for Monroe County with the stipulations that the Commissioners construct a

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new post to the department's specifications, not to exceed $750,000.00, and after construction convey to the state a deed for the three improved acres with a clause of reversion to the Commissioners of Roads and Revenues for Monroe County if the property ever ceases to be used for public purpose as determined by the state; (6) The county and state shall enter into an agreement to construct, and in the event the General Assembly fails to authorize conveyance of the property to the county, the county shall nevertheless complete construction of the new headquarters and barracks for use by the Department of Public Safety as Georgia State Patrol Post 44; (7) In the event that the property is conveyed to the county and the county is legally prohibited from transferring fee simple title to the State of Georgia upon completion of construction, the county will grant the State of Georgia an estate for years until such time as fee simple title can be conveyed; (8) The Monroe County Commissioners approved a resolution on December 21, 2010, approving the stipulations above and that the commissioners construct a new post to the department's specifications, not to exceed $750,000.00, and after construction convey to the state a deed for the three improved acres with a clause of reversion to the Commissioners of Roads and Revenues for Monroe County if the property ever ceases to be used for public purpose as determined by the state; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Polk County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 733, 734, 779 and 780 of the 2nd Land District of the 4th Section of Polk County and is more particularly described as 12 acres on a plat of survey in Plat Book N Page 130 and recorded in a deed dated June 22, 1989, in Deed Book 415 Page 543 in the Office of the Clerk of Superior Court of Polk County a copy of which is on file as Real Property Record # 7819 in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Corrections and was to be the site of the Cedartown State Prison, and a building was constructed and since abandoned as surplus; (4) The Department of Corrections has determined that a prison will not be operated at this site and the above-described property will no longer be needed by the department, and the Board of Corrections declared the improved property surplus to its needs; and (5) The City of Cedartown conveyed the property to the state for $1.00 and is desirous of acquiring the property from the state for good and valuable consideration as determined by the State Properties Commission, with the stipulation that the property be used for public purpose;

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel lying and being in Georgia Militia District 267 of Stephens County described as 0.244 of an acre titled Parcel 59 on Sheet 16 of 37 of a drawing by Arcadis for the Georgia Department of Transportation entitled RIGHT OF WAY MAP, dated May 30, 2006, 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 State Forestry Commission as part of the 1.8 acre property known as the Stephens County District Office, which has been declared surplus and authorized in Ga. L. 2010, p. 1017 to sell by competitive bid; (4) The Department of Transportation is improving the S.R. 17 and 17 Alternate on the southwest side of Highway 17 west of Meadowbrook Dive in Eastanolee, Georgia, as a portion of Project EDS-545(37) Stephens County, P.I. 122260, 0.244 of an acre Parcel 59; (5) The Department of Transportation requires that the above-described property be owned in the name of the Department of Transportation and will purchase property from the state for fair market value including cost to cure any damages; (6) The State Forestry Commission, at its meeting of November 2, 2010, approved the conveyance of the above-described property to the Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel lying and being in Georgia Militia District 440 of Stephens County and containing approximately 1.06 acres as shown on a plat of survey dated April 2, 2009, by Russell Bartlett, Registered Georgia Surveyor # 2114 for Stephens County Board of Commissioners 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, which is a portion of that 3.99 acre property conveyed to the State of Georgia on July 2, 1968, for $10.00 from the Board of Commissioners of Roads and Revenues of Stephens County and recorded in Deed Book 100 Pages 61-63 and Plat Book 5 Page 43 as Real Property Record #4333; (3) Said property is under the custody of the Department of Public Safety and is known as State Patrol Post 7, such post having been constructed at the expense of Stephens County; (4) To improve public safety, the Board of Commissioners of Stephens County desires to build a fire station on that 1.06 acre parcel, which would be 100 percent financed,

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constructed, and insured by the county and which would be easily accommodated without diminishing the department's use of the property; (5) The department supports and has approved the construction and operation of such fire station and a 25 year lease of the property; consideration would be the value of the fire station improvement and increased public safety and additional improvements made in 2010 to the existing state patrol post by the county of approximately $2,700.00; (6) The Board of Commissioners of Stephens County approved on June 15, 2010, a resolution requesting a long-term lease of the 1.06 acres for the construction of such a fire station with those considerations; (7) The Board of Public Safety at its meeting of June 24, 2010, approved a long-term ground lease of the 1.06 acre above-described property to the Board of Commissioners of Roads and Revenues of Stephens County for such consideration; and

WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property totaling 1.02 acres located in Toombs County, Georgia; (2) Said first parcel of such real property is all that parcel described as Parcel A ("the lease area") of land lying and being in Georgia Militia District 1823 of Toombs County containing a total of approximately 0.55 of an acre as shown on a plat of survey entitled "A New Automotive Technology Building at Southeastern Technical College" dated January 5, 2010, and prepared by Marty A. McLeod, Georgia Registered Land Surveyor. Said second parcel of such real property is all that parcel described as Parcel B (for Non-Exclusive Access) lying and being in the same district and containing a total of approximately 0.47 of an acre as shown on the same plat of survey 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 State Board of Technical and Adult Education, at its meeting of February 4, 2010, approved the granting of a 25 year ground lease for $1.00 of approximately 1.02 total acres to the Southeastern Early College and Career Academy for use as a site to construct, access, and operate a career academy on the above-described property at the Southeastern Technical College in Vidalia; (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 June 18, 2010; (5) The Southeastern Early College and Career Academy is desirous of leasing the above-described property with access until the lease is extinguished in order to construct, access, and operate the Southeastern Early College and Career Academy. A single building is being constructed partially on lease area and on nonlease area and will cost a total of $6,778,000.00, of which SECCA will contribute $2,778,000.00 for the academy portion on the lease area. The remaining $4,000,000.00 for the technical college side the

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building on the nonlease area will be paid from FY-2008B and 2009B bond funds established under Project No. TCSG-237, Automotive Technology Building, Southeastern 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 certain parcels of real property located in Toombs County, Georgia; (2) Said real property is both of those tracts or parcels of land lying and being in the 1536 Georgia Militia District of Toombs County, Georgia, containing approximately 2.86 acres being the same property acquired from B. K. Parker on August 15, 1956, for $4,000.00 as Real Property Record 01334.01, and containing approximately 2.1 acres being the same property acquired from B. K. Parker on May 27, 1958, for $1,000.00 as Real Property Record 01334.02, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of Lyons Armory, now under the custody of the Department of Defense and no longer in operation; (4) The City of Lyons is desirous of acquiring the above-described property for a sum equivalent to the outstanding general obligation bonds remaining on the project, to be used for public use, and passed a resolution on January 18, 2011, agreeing to such conditions; (5) By letter dated January 21, 2011, the adjutant general stated that all activities associated with the above-described property have been relocated to a new location and declared the property surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Lyons for the amount of outstanding general obligation bonds to be used for public purpose; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Upson County, Georgia; (2) Said real property is those tracts or parcels of land lying and being in the Land Lots 219 and 224 of the 219 and 224 District of Upson County, Georgia, containing approximately 7.05 acres being the same property acquired from the City of Thomaston on March 07, 1949, for $1.00 as Real Property Record 01369.01, and containing approximately 3.4 acres, less approximately 0.9297 of one acre taken from the aforementioned 3.4 acres parcel that was transferred back to the City of Thomaston on May 3, 1955, for $1.00 as Real Property Record 01371, and 3.08 acres being the same property acquired from the City of Thomaston on January 18, 1955, for $1.00 as Real Property Record 01369.02, and 0.86 acres being the same property acquired from the City

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of Thomaston on May 3, 1955, for $1.00 as Real Property Record 01370, and 0.601 of an acre being the same property acquired from the Trustees of Stanford Ellington Post No. 6447, Department of Georgia on April 28, 1955, for $1.00 as Real Property Record 01372 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 tract or parcel was formerly the site of Thomaston Armory, now under the custody of the Department of Defense and no longer in operation; (4) The City of Thomaston is desirous of acquiring the above-described property, to be used for public use, and passed a resolution on October 19, 2010, agreeing to such conditions; (5) By letter dated January 21, 2011, the adjutant general stated that all activities associated with the above-described property have been relocated to a new location and declared the property surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Thomaston for the amount of outstanding general obligation bonds and used for public purpose if the Department of Defense is appropriated sufficient funding to renovate the recently relocated armory at the former Lorenzo Benn Youth Development Center.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the above-described real property in Appling 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 2. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Department of Transportation for a consideration of fair market value and any cost to cure damages and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 3. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County 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 State Forestry Commission until the property is conveyed.

ARTICLE II SECTION 7.

That the State of Georgia is the owner of the above-described real property in Baldwin and Wilkinson Counties 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 property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, as a sale to the Department of Transportation for the fair market value 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 interest 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 affect such conveyance.

SECTION 11. That the deed of conveyance shall be recorded by the Department of Transportation as grantee in the Superior Courts of Baldwin and Wilkinson Counties and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 12. That custody of the above-described property interest 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 Bibb 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 may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, as a sale by competitive bid or a sale to the Macon-Bibb County Hospital Authority for the fair market value 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 interest shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described property interest shall remain in the Department of Community Health until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described real property easement in Burke County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 20. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described property easement to Stuart Rackley in exchange for Stuart Rackley conveying to the State of Georgia a 30 foot-wide access easement of approximately 0.7 of an acre; a conservation easement on approximately 57.86 acres which was conveyed on December 31, 2010, to the State of Georgia in custody of the Department of Natural Resources; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 21. That the authorization in this resolution to convey the above-described easement shall expire three years after the date this resolution becomes effective.

SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 23. That the exchanged easements shall be recorded by the grantee in the Superior Court of Burke County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 24. That custody of the above-described easement shall remain in the Department of Natural Resources until the easement is conveyed.

ARTICLE V SECTION 25.

That the State of Georgia is the owner of the above-described real property located in Calhoun County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described real property to the West Georgia Consortium Housing Authority through June 30, 2025, to locate and operate a video security system for a consideration of $10.00 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 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 28. That the lease shall be recorded by the lessee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 29. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE VI SECTION 30.

That the State of Georgia is the owner of the above-described real property in Carroll 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 31. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Carroll County Board of Commissioners for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 32. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 34. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 35. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.

ARTICLE VII SECTION 36.

That the State of Georgia is the owner of the above-described real property in Carroll 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 37. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Bowden for a consideration of $2,000.00 so long as the property is used for public purpose, specifically for operation of a free medical clinic in an economically depressed area, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 38. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 40. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 41. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE VIII SECTION 42.

That the State of Georgia is the owner of the above-described salt marshland properties located in Chatham County, Georgia and may be more particularly described by a plat of

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survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 43. That the General Assembly has declared that activities in the state's coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired, that the General Assembly has authorized Department of Natural Rescources to administer and enforce the Coastal Marshlands Protection Act of 1970, O.C.G.A. 12-5-280, et seq. Furthermore, the Governor has authorized the department to act on his behalf on all requests to utilize state owned water bottoms covered by tidal waters which are in his custody and control pursuant to O.C.G.A. 50-16-61.

SECTION 44. That the State Properties Commission, acting on behalf of the State of Georgia, is authorized to place or permit restrictions on all or part of the properties acceptable to both the United States Army Corps of Engineers and the State Properties Commission for the sole purpose of establishing, constructing, operating, maintaining, and monitoring a mitigation bank and related facilities that meet the requirements of permit SAS-2005-00769, as amended, issued by the USACE.

SECTION 45. That the consideration for placement or the permitting of restrictions on all of part of the properties shall be Chatham County quitclaiming its interest in the properties to the State of Georgia and Chatham County, at its sole cost and expense, establishing, constructing, operating, maintaining, and monitoring the mitigation bank on the properties with the state's right to use 25 percent of the mitigation credits as the credits are released by USACE pursuant to an intergovernmental agreement with the department.

SECTION 46. That, during the term of the intergovernmental agreement with the department, Chatham County may make any use of said properties in any manner not inconsistent with or detrimental to the USACE's requirements for the mitigation bank.

SECTION 47. That the restrictions placed or permitted on all or part of the properties shall contain such other reasonable terms, conditions, and covenants acceptable to USACE and 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 particular description of the restricted area that comprises all or part of the properties.

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SECTION 48. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the restrictions placed or permitted on the properties should be removed and relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the properties, it may place or permit similar restrictions on a comparable alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, provided such determination shall be consistent with existing wetland mitigation bank requirements and 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 49. That restrictions placed or permitted on all or part of the properties shall be recorded by the State Properties Commission in the office of the Clerk of the Superior Court of Chatham County with the original retained by the State Properties Commission and a recorded copy forwarded to USACE and to Chatham County.

SECTION 50. That the authorization in this resolution to place or permit the above-described restrictions shall expire three years after the date that this resolution becomes effective.

SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the restriction on said properties.

ARTICLE IX SECTION 52.
That the State of Georgia is the owner of the above-described real property in Clarke County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 53. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described approximately 4.929 acre property to the Athens Regional Hospital Authority in exchange for the authority conveying to the State of Georgia the approximately 3.474 acre property; 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.

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SECTION 54. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 55. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 56. That the exchanged deeds shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 57. That custody of the above-described property shall remain in the Technical College System of Georgia until the properties are conveyed.

ARTICLE X SECTION 58.

That the State of Georgia is the owner of the above-described real property in Colquitt 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 59. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Colquitt County Board of Education for a consideration of $10.00 so long as the property is used for public purpose, specifically for locating its kindergarten program, 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 60. That the authorization in this resolution to convey the above-described property shall expire three years after the date 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 such conveyance.

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SECTION 62. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 63. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.

ARTICLE XI SECTION 64.

That the State of Georgia is the owner of the above-described real property in Colquitt 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 65. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for a consideration of the fair market value 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 66. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 67. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.

SECTION 68. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 69. That custody of the above-described property interest shall remain in the Department of Labor until the property is conveyed.

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ARTICLE XII SECTION 70.

That the State of Georgia is the owner of the above-described real property in DeKalb 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 71. That the State of Georgia, acting by and through its State Properties Commission, is authorized to sell the above-described property. The consideration for sale of the property shall not be less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 72. 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 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 74. That the deed of conveyance or lease shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 75. That custody of the above-described properties shall remain in the Department of Corrections until the property is conveyed.

ARTICLE XIII SECTION 76.

Reserved.

SECTION 77. Reserved.

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SECTION 78. Reserved.

SECTION 79. Reserved.

SECTION 80. Reserved.

SECTION 81. Reserved.

ARTICLE XIV SECTION 82.

That the State of Georgia is the owner of the above-described real property located in Fulton County and that in all matters relating to the leasing of the real property and granting of appurtenant easements, the State of Georgia is acting by and through its State Properties Commission.

SECTION 83. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease and grant appurtenant easements on the above-described real properties to Atlanta Hall Management for a period of 30 years with four renewals of five years for a consideration of the economic benefit to the state as defined by the Department of Economic Development 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 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including, but not limited to, executing or authorizing the execution of all necessary and proper documents.

SECTION 85. 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 86. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

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ARTICLE XV SECTION 87.

That the State of Georgia is the owner of the above-described real property easement in Greene 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 88. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described tower and real property easement to the County Commissioners of Greene County with the state retaining a reversionary interest in the above-described easement in the event Greene County ceases to operate and maintain a communications tower on said property and Greene County entering into a 50 year intergovernmental agreement with the Department of Natural Resources to allow the state to install and maintain law enforcement communications and other telecommunications equipment on the existing tower or any replacement 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 89. That the authorization in this resolution to convey the above-described easement shall expire three years after the date that this resolution becomes effective.

SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 91. That the conveyance of the easement shall be recorded by Greene County in the Superior Court of Greene County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 92. That custody of the above-described easement shall remain in the Department of Natural Resources until the easement is conveyed.

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ARTICLE XVI SECTION 93.

That the State of Georgia is the owner of the above-described real property in Haralson 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 State of Georgia, acting by and through its State Properties Commission, is authorized to sell the above-described property to Haralson County for good and valuable consideration 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 sell 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 sale.

SECTION 97. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Haralson 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 Department of Corrections until the property is conveyed.

ARTICLE XVII 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 the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Valdosta

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for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 101. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date 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 conveyance.

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 property interest shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE XVIII SECTION 105.

That the State of Georgia is the owner of the above-described real property in Madison 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 above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for a consideration of the fair market value 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 107. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 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 of conveyance shall be recorded by the grantee in the Superior Court of Madison County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 110. That custody of the above-described property interest shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE XIX SECTION 111.

That the State of Georgia is the owner of the above-described real property in Monroe 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 the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Commissioners of Roads and Revenues for Monroe County for a consideration of $10.00 so long as the property is used for public purpose, specifically for the demolition of the existing Georgia State Patrol post and construction of new headquarters and barracks to be used by the Department of Public Safety as Georgia State Patrol Post 44 which will then be conveyed back to the State of Georgia at no cost, 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 convey the above-described property shall expire three years after the date 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 conveyance.

SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 116. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed.

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ARTICLE XX SECTION 117.

That the State of Georgia is the owner of the above-described real property in Polk 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 improved property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Cedartown for good and valuable consideration as determined by the State Properties Commission 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 119. 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 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 of conveyance shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 122. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.

ARTICLE XXI SECTION 123.

That the State of Georgia is the owner of the above-described real property, in Stephens 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 124. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Department of

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Transportation for a consideration of the fair market value 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 125. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.

SECTION 126. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 127. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 128. That custody of the above-described property interest shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE XXII SECTION 129.

That the State of Georgia is the owner of the above-described real property located in Stephens County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 130. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the above-described real property to the Board of Commissioners of Roads and Revenues of Stephens County for a period of 25 years for a consideration of improvements made to the State Patrol Post by the county in 2010 worth $2,700.00 and value added as a result of the new fire station improvement and increase in public safety; to locating, constructing, maintaining, and operating a new fire station; 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 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

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SECTION 132. That the lease shall be recorded by the lessee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 133. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE XXIII SECTION 134.

That the State of Georgia is the owner of the above-described real property in Toombs County and that in all matters relating to the leasing of the approximately 0.55 of an acre of real property with nonexclusive access during the life of the lease of approximately 0.47 of an acre, the State of Georgia is acting by and through its State Properties Commission.

SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described real property to the Southeastern Early College and Career Academy for a period of 25 years to construct, access, and maintain the Southeastern Early College and Career Academy on the above-described property at the Southeastern Technical College for a consideration of $1.00 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 136. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including that the Southeastern Early College and Career Academy shall have the right to remove or cause to be removed from said access area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said thoroughfare.

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, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 138. That the lease shall be recorded by the lessee in the Superior Court of Toombs County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE XXIV SECTION 139.

That the State of Georgia is the owner of the above-described real property in Toombs 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 140. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Lyons for a consideration of a sum equivalent to the outstanding general obligation bonds remaining on the project, 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 141. That the authorization in this resolution to convey the above-described property shall expire three years after the date 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 such conveyance.

SECTION 143. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Toombs County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 144. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.

ARTICLE XXV SECTION 145.

That the State of Georgia is the owner of the above-described real property in Upson 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.

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SECTION 146. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Thomaston for a consideration of a sum equivalent to the outstanding general obligation bonds remaining on the project, 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 147. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 148. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 149. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Upson County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 150. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.

ARTICLE XXVI SECTION 151.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XXVII SECTION 152.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 13, 2011.

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STATE HIGHWAY SYSTEM; PORTIONS DEDICATED.

No. 256 (House Resolution No. 507).

A RESOLUTION

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

PART I WHEREAS, Carlton Grady "Carl" Hamrick was highly regarded by the citizens of Jones County and by local government officials as a person of unquestioned integrity; and

WHEREAS, few people have touched as many lives as Carl Hamrick, a gentleman who attained excellence both as a human being and in service to his community; and

WHEREAS, he graduated from Jones County High School in Gray, Georgia, in 1972; and

WHEREAS, he graduated from the University of Georgia in 1976, where he was a member and officer of Phi Delta Theta; and

WHEREAS, Carl was the co-owner of Hamrick Building Supply and Company, Inc., along with his brother John Williams Hamrick, a company which opened in 1976; and

WHEREAS, he was a member of the Gray United Methodist Church and served several years on the board of trustees; and

WHEREAS, Carl had developed a true appreciation of Jones County's history which was instilled in him at an early age by his parents, Mary Ann Williams and Edward S. Hamrick, and especially by his grandmother, Mrs. Carrie Williams, a Jones County historian and the author of History of Jones County, Georgia 1807 -- 1907 Bicentennial Edition; and

WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the unique and often unheralded contributions to the community he loved and served by dedicating a road in his memory.

PART II WHEREAS, SGT Rodney Maxwell Davis, a native of Bibb County, Georgia, and a Platoon Guide with Company B, First Battalion, Fifth Marines, First Marine Division of the United States Marine Corps, was killed in action on September 6, 1967, during a search and clear mission in the Quang Nam Province of the Republic of Vietnam; and

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WHEREAS, he stood amid heavy arms and mortar fire to verbally encourage each man in his platoon, though they were entrenched and facing a numerically superior force of attacking enemy combatants; and

WHEREAS, SGT Rodney Maxwell Davis committed the ultimate act of self-sacrifice by throwing himself upon an enemy grenade, thereby absorbing the force of the explosion and protecting his comrades from injury or death; and

WHEREAS, for his gallantry and valor, and his upholding of the highest traditions of the United States Marine Corps and the United States Naval Service, SGT Rodney Maxwell Davis was posthumously awarded the nation's highest military decoration, the Congressional Medal of Honor; and

WHEREAS, he also received the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Marine Corps Good Conduct Medal, the Armed Forces Expeditionary Medal, the Military Merit Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Gallantry Cross; and

WHEREAS, it is only proper and fitting that SGT Rodney Maxwell Davis be honored as a true American hero by a permanent memorial to his contributions to our country.

PART III WHEREAS, Anne O. Mueller has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, she has diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state as evidenced dramatically by her superlative service with the Georgia House of Representatives, 1983-2002, and as a member of the board of the Department of Human Resources, 2003-2008; and

WHEREAS, she served as Dean of the Chatham County Legislative Delegation; and

WHEREAS, a 1951 graduate of the University of Georgia with a Bachelor of Science degree in zoology and a registered medical technologist, Mrs. Mueller has also served on several boards and committees, including those for the Summer Therapeutic Environment Program for Severely and Profoundly Retarded Citizens, Savannah-Chatham County Humane Society, Goodwill Industries, Cultural Affairs Commission of Savannah, Windsor Forest Educational Foundation, Bamboo Farms and Coastal Gardens, and Matthew Reardon Center; and

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WHEREAS, this extraordinary leader further served her community with the Benevolent and Protective Order of Elks Lodge #183, Windsor Forest Baptist Church, Savannah Area Republican Women, Chatham County Republican Committee, and Georgia Federation of Republican Women; and

WHEREAS, honors and awards bestowed upon Anne O. Mueller include Republican of the Year, Chatham County; Service Award, Georgia Republican Party; Leadership Award, Women in Sports; Recognition Award, Foster Parents Association; Legislator of the Year, National Association of the Blind; Volunteer of the Year, Windsor Forest High School and Windsor Forest Elementary School; and Key to the City, Pooler, Georgia; and

WHEREAS, all of these things, which are just a portion of this woman's contributions and accomplishments, are evidence of Mrs. Mueller's interest in and dedication to management of water resources; mental health and issues involving developmentally disabled persons, substance abuse, homelessness, and human resources; foster care and grandparents raising grandchildren; and elementary and secondary education and extracurricular activities; and

WHEREAS, the richness of her public and professional lives in no way overshadows the joy and pleasure she has experienced in her personal life as the wife of the late Hans K. (Whitey) Mueller and as the mother of three, grandmother of nine, and great-grandmother of eight; and

WHEREAS, Anne O. Mueller's significant organizational and leadership talents, her remarkable patience and diplomacy, her keen sense of vision, and her sensitivity to the needs of the citizens of this state have earned her the respect and admiration of her colleagues and associates; and

WHEREAS, she is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and

WHEREAS, Mrs. Mueller has served the citizens of this state with honor and distinction, and her vision and unyielding commitment have set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized and that a bridge be dedicated in her honor.

PART IV WHEREAS, Rosa T. Beard was born in Blythe, Georgia, on November 22, 1919, the oldest child to the union of Mr. and Mrs. Gartrell (Ollie Brown) Tarver; and

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WHEREAS, before settling in the Turpin Hill neighborhood of Augusta, Georgia, the family resided in Cairo, Georgia, and Thomasville, Georgia; and

WHEREAS, on June 27, 1948, she married the love of her life, Ernest Beard, and the marriage was blessed by four loving children, Rosa Ann, Kathryn Lorraine, Ernest Eric, and Cheryl Juanita; and

WHEREAS, after graduating from Paine High School in 1938, she obtained a bachelor's degree in home economics and natural science from Paine College in 1942 and earned a master's degree in education and chemistry from Columbia University Teachers College in New York in 1951; and

WHEREAS, she was a dedicated educator for 41 years; her professional career began in 1942 at Bettis Academy and Junior College in Trenton College, South Carolina, and continued at the Charles T. Walker Elementary School, the Augustus R. Johnson Junior High School, and T.W. Josey High School, all in Augusta, Georgia; and

WHEREAS, she was committed to the academic, social, and cultural development of young people, so she started the Rosa T. Beard Debutante Club, and for nearly five decades she helped groom thousands of young women for adult society; and

WHEREAS, she diligently served at Antioch Baptist Church for some 50 years, participating in choirs, as a Sunday school teacher, missionary, and trustee; and

WHEREAS, it is only fitting and proper that a lasting memorial to the life well lived of this elegant and courageous woman be established.

PART V WHEREAS, Hugh Carroll Butler was born on September 1, 1934, in Ramhurst, Georgia, and passed away on December 22, 2010; and

WHEREAS, he lived in Port Wentworth, Georgia, for 48 years after moving to the area with his wife while serving in the United States Air Force; and

WHEREAS, he was a member of the city council of Port Wentworth for 20 years; and

WHEREAS, he served for many years as the chairman of the Good Samaritan Committee of Port Wentworth, which was formed to help travelers in need of assistance and to deliver baskets of food to needy families during the Christmas season; and

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WHEREAS, Carroll was a member of the Lions Club for over 25 years and served as its president on several occasions; and

WHEREAS, he was an active member of the First Baptist Church of Port Wentworth for 45 years, serving as a deacon and Sunday school director; and

WHEREAS, he and his wife of nearly 55 years, Carolyn Scott Butler, were blessed with two children, four grandchildren, and two great-grandchildren; and

WHEREAS, it is only fitting and proper that the life well lived of Hugh Carroll Butler, with his devotion to his family, his church, his community, and his country, be memorialized with a lasting monument.

PART VI WHEREAS, Sergeant Jerry Bagley was born on April 19, 1946, to the late Dave and Jewel Bagley in the Telmore Community in Ware County, Georgia, and attended Waresboro Elementary School and graduated from Ware County High School; and

WHEREAS, he entered the service on March 21, 1966, and was killed by a sniper in the line of fire on April 26, 1967, while proudly serving our country in Company C., 39th Infantry, 9th Infantry Division, deployed in Vietnam; and

WHEREAS, Sergeant Bagley served his county with honor and distinction and received a Bronze Star with "V" for Valor, a Purple Heart, and a Combat Infantryman badge; and

WHEREAS, his two surviving brothers and their wives, Roy and Susie Bagley of Odum, Georgia, and Jimmy and Willodene Bagley of Telmore, Georgia, wish to honor the memory of their fallen brother; and

WHEREAS, the citizens of Ware County owe a deep debt of gratitude to Sergeant Bagley for his ultimate sacrifice and wish to honor him for the same; and

WHEREAS, it is only fitting and proper that a lasting memorial to this American hero be established.

PART VII WHEREAS, Coach Billy Henderson is an outstanding citizen of Bibb County, Georgia, and was a star athlete in four sports during his matriculation at Macon's Lanier High School for Boys, a prep All-American in both football and baseball during his junior and senior years; and

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WHEREAS, Coach Henderson was known as the "Macon Meteor" after being named as a four-year letterman in both football and baseball at the University of Georgia from 1946 to 1949; and

WHEREAS, Coach Henderson served as athletic director and head football coach at A.R. Willingham High School for Boys, and he led the football team to a career record of 64-42-14; and

WHEREAS, in his role as head baseball coach, Coach Henderson led his team to victory in the state championship in 1969; and

WHEREAS, Coach Henderson also served as head baseball coach and assistant football coach at Mt. deSales Academy and as athletic director and head football coach at Clarke Central High School in Athens, Georgia, until the time of his retirement; and

WHEREAS, Coach Billy Henderson was the face and voice of Willingham High School from its inception to its closure and is to this day a positive influence and an inspiring role model to the boys who attended Willingham High School and to the former female students of Willingham's sister school, McEvoy High School for Girls; and

WHEREAS, it is only fitting and proper that Coach Billy Henderson be honored as an outstanding citizen of Bibb County with a permanent reminder of his leadership and example to this community.

PART VIII WHEREAS, Claude A. Bray, Jr., was born on July 14, 1931, at the home of his maternal grandparents, Otis E. and Fannie Smith, in Grantville, Georgia; and

WHEREAS, he graduated from Manchester High School in 1949 where he was president of his senior class, co-captain of the football team, and a member of the tennis team; and

WHEREAS, in 1954, he earned his law degree from the University of Georgia Law School, where he served as Chief Justice of the Honor Court, President of the Law Student Advisory Council, and President of the Law School Student Bar Association; and

WHEREAS, after graduation, Claude entered the United States Air Force with a commission as a 2nd Lieutenant and served on active duty in the office of the Judge Advocate General; and

WHEREAS, after his discharge, he established law offices in Meriwether County, in Greenville and Manchester; and

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WHEREAS, he was elected to the Georgia House of Representatives in 1967 and served through 1987; he was a member of the Ways and Means Committee, vice chairman of the Judiciary Committee, and chairman of the Governmental Affairs Committee; and

WHEREAS, in 1987, Claude was appointed as a director of the State Workers' Compensation Board; and

WHEREAS, he has served in many civic organizations and as a Deacon and member of the First Baptist Church, as well as a Sunday school teacher; and

WHEREAS, he is the widower of Carolyn Ann Irwin, and they had three children, Charles Bradly Bray, Claudia Allison Bray, and Carolyn Ann Irwin Bray Linn; and

WHEREAS, it is only fitting and proper that Claude A. Bray, Jr., be honored for his life of achievement and service to the people of Georgia and Meriwether County, and that a lasting reminder of his work be established.

PART IX WHEREAS, Michael J. Buras was born in Tifton, Georgia, on July 28, 1987, to John E. Buras and Joy Ann Butrica Buras and he grew up in Fitzgerald, Georgia, graduating from Fitzgerald High School in 2005; and

WHEREAS, he was very active in the DLS sports programs and an avid Purple Hurricane soccer team member for four years, having been named to the Who's Who of Georgia Soccer; and

WHEREAS, he enlisted in the Air Force in April 2006, and after completing basic military training at Lackland AFB, Texas, he graduated the Naval EOD technical training in March 2007 at Eglin AFB, Florida, and he arrived at his first, and only, duty station at Nellis AFB where he immediately began his journeyman skill-level upgrade; and

WHEREAS, SrA Buras was no stranger to Afghanistan, he deployed three times in his short career, twice to Bagram Airfield where he was assigned to the 755th Air Expeditionary Squadron, Explosive Ordnance Disposal Flight, Operating Location Alpha; during his second deployment in May 2009, he received the Purple Heart for injuries sustained during an improvised explosive device (IED) explosion on his armored vehicle; and

WHEREAS, he deployed on August 25, 2010, with the 755th Air Expeditionary Squadron EOD Flight, to Operating Location Bravo, Kandahar Airfield, Afghanistan, and he and his Air Force team cleared lines of communication; enabled freedom of maneuver; and ensured

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coalition and local national safety by engaging and defeating the enemy's weapon of choice, the IED; and

WHEREAS, on September 21, 2010, his team dismounted in the vicinity of Hendu Kalachen, Kandahar Province, Dand District and proceeded to prosecute two victim-operated IEDs; and

WHEREAS, unknown to his team, a device was insidiously camouflaged next to their safe area and SrA Buras was mortally wounded and his team members seriously injured when the device detonated; and

WHEREAS, SrA Buras has earned the Bronze Star with Valor device, Purple Heart with one oak leaf cluster, Joint Service Commendation Medal, Air Force Commendation Medal, Army Commendation Medal with Valor device and one oak leaf cluster, Air Force Combat Action Medal with Gold Star device, Afghanistan Campaign Medal with one bronze star, the ISAF NATO Medal, and the Army Combat Action Badge; and

WHEREAS, he was vivacious and tenacious, and an exceptional and experienced EOD team member, a devoted husband, father, and friend, and his greatest joy was his daughter, Maddison; he will forever be missed and is survived by his wife Emily, daughter Maddison, father John, mother Joy, and sisters Samantha and Michele; and

WHEREAS, by his heroic actions and unselfish dedication to duty in the service to his country, Senior Airman Buras has reflected great credit upon himself and the country and it is only fitting and proper that a lasting memorial be dedicated in his honor.

PART X WHEREAS, on January 24, 2002, the State of Georgia lost one of its finest and most distinguished citizens with the tragic and untimely passing of C. Lloyd Smith; and

WHEREAS, he was born in 1921 in Fannin County to Dan and Lola Smith of the Morganton and Hemp Community; and

WHEREAS, he served during World War II in the 112th Calvary, the last horse mounted unit in the army; and

WHEREAS, he was awarded two Bronze Stars and two Purple Hearts for his heroic service to his country; and

WHEREAS, in 1952, C. Lloyd Smith graduated from the University of Georgia with a degree in agricultural science and went to work as a county extension agent for Towns, Gordon, Gilmer, and Baker counties until health problems forced him to retire in 1978; and

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WHEREAS, in 1978, he was named the extension agent of the year by the United States Department of Agriculture; and

WHEREAS, he joined the Lions Club while in Towns County and was honored as a lifetime member in 1998 at the Ellijay Lions Club; and

WHEREAS, in 1972, he was instrumental in starting the Georgia Apple Festival as a local craft fair to promote the apples of Gilmer County; and

WHEREAS, in 1991, C. Lloyd Smith was honored as Citizen of the Year by the Gilmer County Chamber of Commerce for being a walking, traveling billboard for Gilmer County and the North Georgia region; and

WHEREAS, he took the lead in Better Hometown Georgia, an initiative to help the street landscapes on the city square and North Main Street and River Street in Ellijay; and

WHEREAS, he was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the welfare and safety of the citizens of the City of Ellijay and Gilmer County; and

WHEREAS, this exceptional individual exhibited outstanding leadership and meticulous attention to detail in all his duties throughout his lengthy career of public service as a county extension agent, followed by his years of service as mayor of Ellijay, and it is only fitting and proper that a lasting memorial to his life of service be established.

PART XI WHEREAS, Miss Ida Ware Scott, 23, of Lincolnton, Georgia, passed away on April 13, 2009; and

WHEREAS, she was born on December 2, 1985, to her loving parents, Bonnie Sue Holloway Scott and Fred Thomas Scott; and

WHEREAS, Ida was a beloved daughter and sister, a dear friend to many, and a great scholar; and

WHEREAS, she was a 2004 honor graduate of Lincoln County High School where she was a member of the Senior Homecoming Court and earned the senior superlative for Best Sense of Style and Best All-Around; and

WHEREAS, she was known for her dramatic talent and her performances possessed a depth rarely seen in someone so young; and

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WHEREAS, her love of learning and her love of children with special needs inspired her to earn a Bachelor of Science degree in education with honors from Georgia Southern University in 2008; and

WHEREAS, Ida used her talents to help children with special needs reach their potential at Groveton Middle School; and

WHEREAS, she leaves behind her parents; her fianc, Justin Rickerson; her sister and brother-in-law, Audra S. and Lex Aycock; and her nieces, Ali and Lexi Aycock; and

WHEREAS, her dedication to her students, her love for her family, fianc and friends, and her infectious laugh and dry wit will be sorely missed, and it is only fitting and proper that a lasting memorial to her life be established.

PART XII WHEREAS, Officer Kathy Cox served 30 years of her life in law enforcement and was dedicated to her job as Gordon County's Ordinance Enforcement Officer; and

WHEREAS, she was a volunteer member of the Gordon County Fire Department in Nickelsville, Georgia; and

WHEREAS, she was committed to training and continuous learning in order to better serve the citizens of Gordon County, the State of Georgia, and the United States of America; and

WHEREAS, over the years, she obtained her instructor's rating from the state and taught at the Northwest Georgia Regional Police Academy; she specialized in firearms training and was a member of the Georgia Association of Code Enforcement; and

WHEREAS, early in her career, Officer Cox was a K-9 handler for Paulding County and she and her dog, SGT Babe, conducted many searches for narcotics and cadavers; and

WHEREAS, on August 21, 2008, Officer Cox lost her life in an automobile accident while on duty serving the citizens of Gordon County; and

WHEREAS, Officer Cox served her community with great integrity and pride, and it is only proper and fitting to establish a permanent memorial to her life of service.

PART XIII WHEREAS, Harold Wiggins was born in 1932 in Coffee County, Georgia, and was killed in action on July 7, 1953, in Korea; and

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WHEREAS, SGT Wiggins was a member of the 180th Infantry Regiment, 45th Infantry Division of the United States Army; and

WHEREAS, he was awarded the Purple Heart, the Combat Infantryman's Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Korean Presidential Unit Citation, and the Republic of Korea War Service Medal; and

WHEREAS, members of his family, including his brother, Rufus Wiggins, his sister, Evelyn Wiggins Banks, and his niece, Linda Wright, still reside in Coffee County and often share memories of their childhood spent swimming and playing in the river; and

WHEREAS, in honor of his life and dedicated service and supreme sacrifice for our nation, it is only fitting and proper that a lasting memorial be established.

PART XIV WHEREAS, PFC Samuel Stephens Lance was born to Sam and Virginia Jo Lance on November 24, 1949, in Fort Payne, Alabama; and

WHEREAS, he was assigned to A Company, 1st Battalion, 506th Infantry, 101st Airborne Division and died in Vietnam on May 1, 1970, while serving his country; and

WHEREAS, Steve attended Gordon Lee High School in Chickamauga, Georgia, where he played football and basketball in his senior year; and

WHEREAS, he received the Coaches "Max Smith Award" for his skill at baseball; and

WHEREAS, he attended Fellowship Baptist Church in Chickamauga, and loved to go fishing and hunting whenever he could; and

WHEREAS, Steve had three sisters, Jennifer Tarvin, Cynthia Lance, and Bridgett Barrett; and

WHEREAS, because his father died three years before him, Steve became the man of the family at a young age and took good care of his mother and sisters before he went into military service; and

WHEREAS, it is only fitting and proper that a lasting memorial to this hero who made the ultimate sacrifice to protect our freedom be established.

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PART XV WHEREAS, in 1887, Charles Lafayette Stapleton, Charlie Will Stapleton's father, settled on farmland bordering Bear Creek and reared 11 children; and

WHEREAS, in 1938, Charlie Will bought adjacent farmland that surrounds the present bridge site over Bear Creek; and

WHEREAS, he lived on and farmed this land for his entire life, and the land is still owned and farmed by his great-nephew; and

WHEREAS, it is only fitting and proper that a lasting memorial to this outstanding man be established.

PART XVI WHEREAS, Luther H. Story was a soldier in the United States Army during the Korean War, and he posthumously received the Congressional Medal of Honor for his actions on September 1, 1950; and

WHEREAS, he was born on July 20, 1931, in Buena Vista, Georgia; and

WHEREAS, on September 1, 1950, PFC Story distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty in action; and

WHEREAS, during a savage daylight attack that penetrated the thinly held lines of the 9th Infantry, PFC Story, a weapons squad leader, observed a large group of the enemy crossing the river to attack Company A; and seizing a machine gun from his wounded gunner, he placed deadly fire on the hostile column, killing or wounding an estimated 100 enemy soldiers; and

WHEREAS, facing certain encirclement, the company commander ordered a withdrawal; during the move, PFC Story noticed the approach of an enemy truck, and after alerting his comrades to take cover, he fearlessly stood in the middle of the road, throwing grenades into the truck; and

WHEREAS, during the withdrawal, the company was attacked by such superior numbers that it was forced to deploy in a rice field, and PFC Story was wounded in this action but, disregarding his wounds, rallied the men about him and repelled the attack; when last seen, he was firing every weapon available and fighting off another hostile assault; and

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WHEREAS, PFC Story's extraordinary heroism, aggressive leadership, and supreme devotion to duty reflect the highest credit upon himself and were in keeping with the esteemed traditions of the military service.

PART XVII WHEREAS, although he considered himself an Atlanta native, Forrest Laughlin Adair II was born in 1941 in Birmingham, Alabama; and

WHEREAS, after graduating from Riverside Military School, he attended Georgia Tech and later graduated from Georgia State with a business degree in real estate; and

WHEREAS, Forrest did not accept Jack Adair's offer of employment in the family business, Adair Realty; instead, he felt compelled to be responsible for his own destiny, so he joined The First National Bank of Atlanta in 1962; and

WHEREAS, but real estate was his true calling, so in 1982, he partnered with Virgil and Jim Williams to form Williams Adair Equity Corp. and later, Williams Adair Realty Corp.; and

WHEREAS, over the next several decades, he directed the construction, purchase, and sale of over one million square feet of diversified product, including office parks, strip shopping centers, and mid-rise suburban office buildings; and

WHEREAS, he was always concerned with the impact of real estate on the community, as evidenced by his participation in civic organizations, such as The Gwinnett Council for Quality Growth - Past President, The Gwinnett Chamber of Commerce, The Evermore CID, NAIOP, the Commercial Board of Realtors, and others too numerous to name; and

WHEREAS, real estate was in his blood; Forrest Laughlin Adair II was the 4th generation of an Atlanta real estate family, and his great-great-grandfather, Colonel George Adair, was commonly referred to as the Father of Atlanta for his work rebuilding Atlanta after the Civil War; Colonel Adair's motto was, "To be reliable is a fortune"; and

WHEREAS, Forrest's legacy is visible throughout Gwinnett County; he had a hand in all types of projects, including apartments, office buildings, office parks, and shopping centers; but land development projects were his favorite, as evidenced by his ATM pin number "DIRT"; and

WHEREAS, walking a property in consideration of future development was his favorite real estate activity; however, his most important legacy was the development of young men; and

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WHEREAS, he was keenly aware of the challenges that face today's youth, and he believed in building character in young men through the lessons and challenges of youth sports; he coached baseball and football for over 30 years, and although some teams included his sons, most of his time was spent pro bono for the children of others; he was known for chauffeuring boys whose parents could not provide transportation and for building self-confidence and teaching accountability; and

WHEREAS, he loved real estate, but his true legacy can be seen in the faces of all he touched, and it is only fitting and proper that a lasting memorial to this life well lived be established.

PART XVIII WHEREAS, William Austin Atkins, Sr., born in Tate, Georgia, on August 16, 1933, to Austin and Gladys Atkins, has been recognized in the 24th Edition of Who's Who in the World as worthy of recognition along with notable leaders and achievers from all walks of life, whose contributions have made a lasting impact on the political, cultural, business, and academic frameworks of America and the world; and

WHEREAS, this esteemed member of the House of Representatives from 1982 to 1994 served his constituents well as a member of the Appropriations, Regulated Beverages, and Industry Committees; and

WHEREAS, his bachelor of science degree in pharmacy from Mercer University was of great use to him as the Director of the Drugs and Narcotics Agency of the State of Georgia, a position which he retired from in 2008; and

WHEREAS, Mr. Atkins possesses a wide range of talents and abilities which include being lead vocalist of the Bill Atkins Band; and

WHEREAS, this devoted husband and father of two children and two stepchildren still finds time to be involved in his community through his service to the First United Methodist Church on the administrative board, to Mercer University School of Pharmacy on the board of directors, Brawner Hospital on the governing board, and Smyrna Hospital on the long-range planning board; and

WHEREAS, he honorably served his country in the United States Army Medical Service Corps from 1955 to 1957; and

WHEREAS, others have recognized his talents and contributions by honoring him with awards such as the Smyrna/Oakdale Moose Lodge in 1993 with the "Mr. Cobb County" award; the Cobb County Clean Commission in 1992 with the "One of a Kind Award"; Cobb

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County in 1992 with the Statesman of the Year award; American Cancer Society in 1991 with the Recipient Appreciation plaque; Personal Care Homes of Georgia in 1991 with the Legislator of the Year Friendship Award; and the Cobb County Bar Association in 1991 with the Liberty Bell Award; and

WHEREAS, in addition to the Pharmacist of the Year in Georgia award he received from Phi Delta Chi in 1978, he has also received numerous awards throughout the years for his dedication and service to the pharmacy profession; and

WHEREAS, Bill Atkins is a shining example of the important impact that the efforts of one individual can have on the citizens of his community, his state, his country, and even the world, and it is abundantly fitting and proper that his superlative accomplishments be recognized by the dedication of a bridge in his name in honor of his accomplishments.

PART XIX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of William Travis Duke of Mableton; and

WHEREAS, he served as a State Representative, 1971-1975; was active in local and state politics for over 30 years; and was one of the first Republicans elected in Cobb County; and

WHEREAS, a man of conviction and purpose, he was a member and/or officer of myriad community service boards, including the Cobb County Chamber of Commerce, Cobb-Marietta Coliseum and Exhibit Hall Authority, Mable House, Cobb County Boys Club, Open Gate Children's Shelter, Department of Family and Children Services, Georgian Club, Cobb-Marietta Museum, Salvation Army, and the Jaycees; and

WHEREAS, William was united in love and marriage to Betty and was blessed with two remarkable children, Jennifer and Derek, and three wonderful grandchildren; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, William Travis Duke will long be remembered for his love of family and friendship, and this loyal public servant and advocate

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for his community will be missed by all who had the great fortune of knowing him, and it is only fitting and proper that a lasting memorial to his life be established.

PART XX WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and

WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for nineteen years, the last several as general manager; and

WHEREAS, he also served two years on active duty with the United States Army in Korea; and

WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six four-year terms; and

WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; building and operating an animal shelter, 16 fire stations, and 126 bridges; and

WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and

WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they had two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and

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WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and

WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.

PART XXI WHEREAS, Floyd C. and Mary McCants Jarrell gave a lifetime of service to the people of Taylor County, Georgia, and had a long string of achievements and contributions to their community; and

WHEREAS, it is only fitting and proper that the lives of service of Floyd C. and Mary McCants Jarrell be honored with a lasting memorial.

PART XXII WHEREAS, U.S. Highway 27 traverses the entire western length of Georgia and is approximately 352 miles long; and

WHEREAS, the highway connects 18 diverse counties in the common cause of economic development and regionalism; and

WHEREAS, the state and federal government invested billions of dollars in constructing U.S. Highway 27 and, by supporting travel and tourism investment along the corridor, the state will be increasing the taxpayers' return on investment; and

WHEREAS, promoting tourism along U.S. Highway 27 supports efforts to dismantle persistent poverty in Georgia as seven of the 18 counties along the highway are classified by the University of Georgia as "counties with persistent poverty"; and

WHEREAS, the activities around the promotion of U.S. Highway 27 can serve as a sustainable model for other corridor tourism and economic development efforts in Georgia; and

WHEREAS, U.S. Highway 27 offers an attractive, alternate north-south transportation route with authentic Georgia cultural heritage and scenic resources.

PART XXIII WHEREAS, the State of Georgia recently lost one of her most distinguished public servants, innovative legal minds, and civil rights advocate with the passing of the Honorable John H. Ruffin, Jr.; and

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WHEREAS, Judge John H. Ruffin, Jr., became the 62nd Judge of the Court of Appeals of Georgia when he was administered the oath of office by Governor Zell Miller on August 24, 1994, after 33 years of practicing law and serving on the superior court bench; and

WHEREAS, Judge Ruffin was born and reared in Waynesboro, Burke County, Georgia, the son of John H. Ruffin, Sr., and Anna Davis Ruffin, and he was a graduate of Waynesboro High and Industrial School, Morehouse College, and Howard University School of Law in Washington, D.C.; and

WHEREAS, he was admitted to the Georgia Bar on July 5, 1961; and

WHEREAS, he was appointed a Superior Court Judge of the Augusta Judicial Circuit in 1986 by Governor Joe Frank Harris and he continued to serve as a superior court judge until his appointment to the Court of Appeals; and

WHEREAS, in addition to being the first African American Superior Court Judge for the Augusta Judicial Circuit, Judge Ruffin was also the first African American member of the Augusta Bar Association, and the third African American and first African American Chief Judge to serve on the Court of Appeals of Georgia; and

WHEREAS, in addition to his membership in the State Bar of Georgia, Judge Ruffin was a member of the bars of the Supreme Court of Georgia, United States Supreme Court, United States Court of Appeals for the Eleventh Circuit, and United States District Courts for the Southern and Middle Districts of Georgia; and

WHEREAS, Judge Ruffin had many professional, civic and religious affiliations, including: Council of Superior Court Judges of Georgia; Council of Juvenile Court Judges of Georgia; Tenth Judicial Administrative District; Chairman, Board of Trustees, Institute of Continuing Judicial Education; Georgia Commission on Gender Bias; Court Reform Committee, Governor's Conference on Justice in Georgia; Georgia Association of Criminal Defense Lawyers; Georgia Advisory Council to the Legal Services Program; Judicial Nominating Commission; Georgia Conference of Black Lawyers, Inc.; State Bar Judicial Compensation Committee; American Judicature Society; National Bar Association; American Bar Association; Augusta Bar Association; and the Atlanta Bar Association; and

WHEREAS, he was elected Secretary-Treasurer of the Council of Superior Court Judges and was on track to become the first African American to serve as President of the Council of Superior Court Judges of Georgia prior to his appointment to the Court of Appeals; and

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WHEREAS, Judge Ruffin and his beautiful wife, Judith, had one son, Brinkley, and two grandsons, Bryson and Myles; and

WHEREAS, Judge Ruffin and his family are members of the Tabernacle Baptist Church in Augusta; and

WHEREAS, it is only fitting and proper that a lasting memorial to the life and outstanding career of Judge John H. Ruffin, Jr., be established.

PART XXIV WHEREAS, Kermit Yates was a prominent citizen of the City of Cobbtown in Tattnall County, Georgia; and

WHEREAS, Mr. Yates moved to the City of Cobbtown in the 1930s and departed this life on October 26, 1995, after a long career as a mechanic and noted member of the Cobbtown community; and

WHEREAS, he was the mayor of Cobbtown for many years; he was in charge of the city's water department and was one of the founders of the water system; and

WHEREAS, he was also very active in the Sunlight Primitive Church, where he served as a deacon and was also the caretaker for the church cemetery; and

WHEREAS, since Mr. Yates was a mechanic, he kept everyone "running" by working on cars, trucks, and tractors; and

WHEREAS, it is only fitting and proper that a lasting memorial to this outstanding public servant and community leader be established.

PART XXV WHEREAS, Elton C. Snow spent his early years farming in Wilkinson County with his parents and nine brothers and sisters and developed a love for the land and the crops it produced as he grew into a young adult; and

WHEREAS, after serving in the United States Army during World War II, Elton returned to his roots where he obtained land on what is now known as J. C. McCollough Road; and

WHEREAS, Elton and his family farmed this land for many years and the land is still owned by his descendants; and

WHEREAS, he was employed by and retired from the State of Georgia; and

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WHEREAS, Mr. Snow never forgot that his roots were planted in his Wilkinson County farm, and he continued to farm the land and eventually built a barn and barbeque pit on the property; and

WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.

PART XXVI WHEREAS, Connor Lenning was born on November 10, 2006, and passed away on Friday, February 26, 2010; and

WHEREAS, he was a beautiful ray of sunlight to all those who knew and loved him; and

WHEREAS, his favorite color was emerald green, and he loved green tractors and monster jam trucks; and

WHEREAS, his big beautiful blue eyes radiated his joyful spirit; and

WHEREAS, three-year-old Connor Lenning, who lived with his mother north of Juliette in Monroe County, died of trauma to his midsection at a hospital in Forsyth; and

WHEREAS, this beautiful child passed away due to a devastating incident of child abuse at the hands of his mother's boyfriend; and

WHEREAS, his legacy lives on in those who will always love him and never forget him as well as the cause now so dear to his family's heart Stop the Cycle of Child Abuse; and

WHEREAS, it is only fitting and proper that a lasting memorial to the life cut short of this wonderful little boy be established.

PART XXVII WHEREAS, Douglas Dent Daniel was born in Brunswick, Georgia, on Norwick Street on May 16th, 1920, to his proud parents, Harry Hardy Daniel and Susie Dent Daniel; and

WHEREAS, he went to school in Odum (Primary, then 1st-10th grade) and then went to Jesup High School for the 11th grade and graduated in 1938; and

WHEREAS, while in high school, he played baseball and football and ran track before he was inducted into the Army on November 11, 1941, at Fort McPherson, Georgia; he served in England, North Africa, Sicily, and Italy; and

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WHEREAS, one of his proudest moments was being able to serve his country; and

WHEREAS, after his service he came home and painted the old school house, working 12 hours a day, and got a temporary civil service job spraying DDT to eradicate flies and fleas; and

WHEREAS, in 1947 he went to Georgia Teachers College and graduated in 1949; after graduation he got married to his sweetheart and moved to Hilliard, Florida, for one year; and

WHEREAS, in March of 1966, he opened Pearce's Store, known to customers as Doug Daniel Furniture and he was so successful that he won the "Nice Guy Award" from the furniture dealers of the State of Georgia and they held a banquet in his honor at the Hyatt Regency Hotel in Atlanta; and

WHEREAS, in November of 1956 he and his wife adopted a daughter, Susan Bedell Daniel, and in June of 1961 another daughter, Mary Dent Daniel; they were wonderful parents to these two girls; and three grandsons came later; and

WHEREAS, Mr. Daniel lost his sweetheart in 1985 and married Sylvia Johnson in 1986 and two more grandsons came; and

WHEREAS, Mr. Daniel has been very involved in his community and his church; he has been selected for Odum Homecoming Grand Marshal for Odum Day Parade and also as Citizen of the Year, and in his church, Odum Baptist, he has served on many committees and was a Sunday school teacher and deacon; and

WHEREAS, he says when he leaves this earth he always hopes he is remembered as an "Honest Person"; and

WHEREAS, it is only fitting and proper that a lasting tribute to this life well lived be established.

PART XXVIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the selfless dedication exhibited by Carlton Grady "Carl" Hamrick as he served his community and extend to his family utmost appreciation by dedicating that portion of SR 11 from the intersection of SR 22 to the Jones/Jasper County line as the Carl Hamrick Memorial Highway.

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BE IT FURTHER RESOLVED that the members of this body honor the outstanding heroism and bravery of SGT Rodney Maxwell Davis and dedicate the interchange at I-75 and I-475 in south Bibb County as the SGT Rodney Maxwell Davis Memorial Interchange.

BE IT FURTHER RESOLVED that the members of this body commend Anne O. Mueller for her efficient, effective, unselfish, and dedicated public service to the State of Georgia, extend to her their most sincere best wishes for continued health and happiness, and dedicate the bridge on SR 204 crossing the Forest River as the Anne O. Mueller Bridge.

BE IT FURTHER RESOLVED that the members of this body celebrate the life of service of Mrs. Rosa Tarver Beard and dedicate the bridge on SR 4 over 15th Street and the railroad tracks near Wrightsboro Road in Augusta, Georgia, and Richmond County as the Rosa T. Beard Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the life of Hugh Carroll Butler by dedicating the bridge on SR 25 over the CSX railroad tracks in the city limits of Port Wentworth in Chatham County as the Hugh Carroll Butler Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body join in recognizing and honoring Sergeant Jerry Bagley for his heroic actions and unselfish dedication to duty in the service of his country and dedicate the Satilla River Bridge on SR 158 as the Sergeant Jerry Bagley Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of Coach Billy Henderson and dedicate the interchange at I-75 and Sardis Church Road in south Bibb County as the Coach Billy Henderson Interchange.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of Claude A. Bray, Jr., and dedicate the Pigeon Creek Bridge on SR 41 as the Claude A. Bray, Jr. Bridge.

BE IT FURTHER RESOLVED that the members of this body join in recognizing and honoring Senior Airman Buras for his heroic actions and unselfish dedication to duty in the service of his country and dedicate the portion of SR 129S from the intersection at SR 107 to the Irwin County line as the Senior Airman Michael J. Buras Memorial Highway.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of C. Lloyd Smith and dedicate the portion of SR 52 in Ellijay, Georgia, in Gilmer County, from the Ellijay River Bridge to South Main Street at the Ellijay roundabout as the C. Lloyd Smith Memorial Parkway.

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BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Miss Ida Ware Scott, and dedicates the portion of Goshen Street from the intersection of SR 378 (North Washington Street) to the city limits of Lincolnton on Goshen Street as the Ida Ware Scott Memorial Road.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of Officer Kathy A. Cox and dedicate the portion of SR 136 between the I-75 bridge and the railroad tracks in Hill City as the Officer Kathy Cox Memorial Highway.

BE IT FURTHER RESOLVED that this body joins in honoring the service of SGT Harold Wiggins and dedicates the bridge on US 441 South, past Memorial Gardens, as the SGT Harold Wiggins Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the life and service of PFC Samuel Stephens Lance and dedicate the intersection of Lafayette Road and SR 27 as the Steve Lance Memorial Intersection.

BE IT FURTHER RESOLVED that the members of this body honor Charlie Will Stapleton by dedicating the bridge on SR 41 crossing Bear Creek in Webster County as the Charlie Will Stapleton Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding heroism and bravery of PFC Luther H. Story and dedicate the bridge on SR 26, over the Kinchafoonee Creek in Marion County, as the Luther Story Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of Forrest Laughlin Adair II and dedicate the bridge on US 78, the Stone Mountain Freeway, at Park Place in Gwinnett County, as the Forrest Laughlin Adair II Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body join in recognizing and honoring William Austin Atkins, Sr., for his outstanding service to his community and to the State of Georgia and dedicate the bridge over I-75 North at Windy Hill Road, in Cobb County, as the William Austin Atkins, Sr. Bridge.

BE IT FURTHER RESOLVED that the members of this body join in honoring the life and memory of William Travis Duke; express their deepest and most sincere regret at his passing; and dedicate the bridge over SR 41 at I-285, in Cobb County, as the W.T. (Travis) Duke Memorial Bridge.

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BE IT FURTHER RESOLVED that this body desires to honor Roy Parrish by dedicating the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway.

BE IT FURTHER RESOLVED that this body desires to honor Floyd C. and Mary McCants Jarrell by dedicating the portion of Old Wire Road, SR 208, from the Talbot County line to SR 19 South in Taylor County as the Floyd C. and Mary McCants Jarrell Memorial Highway.

BE IT FURTHER RESOLVED that the Georgia portion of U.S. Highway 27, located within the limits of the Martha Berry Highway, be dedicated as the Scenic Hometown Highway for tourism enhancement purposes.

BE IT FURTHER RESOLVED that the members of this body celebrate the life and outstanding career and many accomplishments of Judge John H. Ruffin, Jr., and dedicate the portion of SR 25 beginning at SR 88 to the Burke County line as the Judge John H. Ruffin, Jr. Memorial Highway.

BE IT FURTHER RESOLVED that this body desires to honor Mr. Kermit Yates by dedicating a portion of SR 152 from the city limits of Cobbtown, Georgia, to the Coleman Bridge as the Kermit Yates Memorial Highway.

BE IT FURTHER RESOLVED that the members of this body honor the life and service of Mr. Elton C. Snow and dedicate the intersection of the Fall Line Freeway and McCullough Road as the Elton C. Snow Intersection.

BE IT FURTHER RESOLVED that the members of this body hope for the family's sake the pain of losing Connor will not last long and the memories will last forever and honor the life of Connor Lee Eugene Lenning by dedicating the portion of SR 83 in Monroe County from I-75 to SR87/US 23 as the Connor Lenning Memorial Highway.

BE IT FURTHER RESOLVED that this body joins in honoring the accomplishments of Douglas Dent Daniel and dedicates the portion of US 341 from the outgoing city limits of Jesup to the incoming city limits of Odum as the Douglas Dent Daniel Highway.

BE IT FURTHER RESOLVED that this body dedicates the intersection at Lee and Gordon Mills Roads and SR 27 as the Cross Shield Road Intersection.

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.

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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 Carl Hamrick, to the family of SGT Rodney Maxwell Davis, to Anne O. Mueller, to the family of Mrs. Rosa T. Beard, to the family of Hugh Carroll Butler, to the family of Sergeant Jerry Bagley, to Coach Billy Henderson, to Claude A. Bray, Jr., to the family of Senior Airman Michael J. Buras, to the family of C. Lloyd Smith, to the family of Ida Ware Scott, to the family of Officer Kathy Cox, to the family of SGT Harold Wiggins, to the family of PFC Samuel Stephens Lance, to the family of Charlie Will Stapleton, to the family of Luther H. Story, to the family of Forrest Laughlin Adair II, to William Austin Atkins, Sr., to the family of William Travis Duke, to the family of Roy Parrish, to the family of Floyd C. and Mary McCants Jarrell, to the family of Judge John H. Ruffin, Jr., to the family of Kermit Yates, to the family of Elton C. Snow, to the family of Connor Lee Eugene Lenning, and to Douglas Dent Daniel.

Approved May 13, 2011.

__________

STATE HIGHWAY SYSTEM; PORTIONS DEDICATED.

No. 257 (Senate Resolution No. 343).

A RESOLUTION

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

PART I WHEREAS, PFC Samuel Stephens Lance was born to Sam and Virginia Jo Lance on November 24, 1949, in Fort Payne, Alabama; and

WHEREAS, he was assigned to A Company, 1st Battalion, 506th Infantry, 101st Airborne Division and died in Vietnam on May 1, 1970, while serving his country; and

WHEREAS, Steve attended Gordon Lee High School in Chickamauga, Georgia, where he played football and basketball in his senior year; and

WHEREAS, he received the Coaches "Max Smith Award" for his skill at baseball; and

WHEREAS, he attended Fellowship Baptist Church in Chickamauga, and loved to go fishing and hunting whenever he could; and

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WHEREAS, Steve had three sisters, Jennifer Tarvin, Cynthia Lance, and Bridgett Barrett; and

WHEREAS, because his father died three years before him, Steve became the man of the family at a young age and took good care of his mother and sisters before he went into military service; and

WHEREAS, it is only fitting and proper that a lasting memorial to this hero who made the ultimate sacrifice to protect our freedom be established.

PART II WHEREAS, in 1887, Charles Lafayette Stapleton, Charlie Will Stapleton's father, settled on farmland bordering Bear Creek and reared 11 children; and

WHEREAS, in 1938, Charlie Will bought adjacent farmland that surrounds the present bridge site over Bear Creek; and

WHEREAS, he lived on and farmed this land for his entire life, and the land is still owned and farmed by his great-nephew; and

WHEREAS, it is only fitting and proper that a lasting memorial to this outstanding man be established.

PART III WHEREAS, Luther H. Story was a soldier in the United States Army during the Korean War, and he posthumously received the Congressional Medal of Honor for his actions on September 1, 1950; and

WHEREAS, he was born on July 20, 1931, in Buena Vista, Georgia; and

WHEREAS, on September 1, 1950, PFC Story distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty in action; and

WHEREAS, during a savage daylight attack that penetrated the thinly held lines of the 9th Infantry, PFC Story, a weapons squad leader, observed a large group of the enemy crossing the river to attack Company A; and seizing a machine gun from his wounded gunner, he placed deadly fire on the hostile column, killing or wounding an estimated 100 enemy soldiers; and

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WHEREAS, facing certain encirclement, the company commander ordered a withdrawal; during the move, PFC Story noticed the approach of an enemy truck, and after alerting his comrades to take cover, he fearlessly stood in the middle of the road, throwing grenades into the truck; and

WHEREAS, during the withdrawal, the company was attacked by such superior numbers that it was forced to deploy in a rice field, and PFC Story was wounded in this action but, disregarding his wounds, rallied the men about him and repelled the attack; when last seen, he was firing every weapon available and fighting off another hostile assault; and

WHEREAS, PFC Story's extraordinary heroism, aggressive leadership, and supreme devotion to duty reflect the highest credit upon himself and were in keeping with the esteemed traditions of the military service.

PART IV WHEREAS, although he considered himself an Atlanta native, Forrest Laughlin Adair II was born in 1941 in Birmingham, Alabama; and

WHEREAS, after graduating from Riverside Military School, he attended Georgia Tech and later graduated from Georgia State with a business degree in real estate; and

WHEREAS, Forrest did not accept Jack Adair's offer of employment in the family business, Adair Realty; instead, he felt compelled to be responsible for his own destiny, so he joined The First National Bank of Atlanta in 1962; and

WHEREAS, but real estate was his true calling, so in 1982, he partnered with Virgil and Jim Williams to form Williams Adair Equity Corp. and later, Williams Adair Realty Corp.; and

WHEREAS, over the next several decades, he directed the construction, purchase, and sale of over one million square feet of diversified product, including office parks, strip shopping centers, and mid-rise suburban office buildings; and

WHEREAS, he was always concerned with the impact of real estate on the community, as evidenced by his participation in civic organizations, such as The Gwinnett Council for Quality Growth - Past President, The Gwinnett Chamber of Commerce, The Evermore CID, NAIOP, the Commercial Board of Realtors, and others too numerous to name; and

WHEREAS, real estate was in his blood; Forrest Laughlin Adair II was the 4th generation of an Atlanta real estate family, and his great-great-grandfather, Colonel George Adair, was commonly referred to as the Father of Atlanta for his work rebuilding Atlanta after the Civil War; Colonel Adair's motto was, "To be reliable is a fortune"; and

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WHEREAS, Forrest's legacy is visible throughout Gwinnett County; he had a hand in all types of projects, including apartments, office buildings, office parks, and shopping centers; but land development projects were his favorite, as evidenced by his ATM pin number "DIRT"; and

WHEREAS, walking a property in consideration of future development was his favorite real estate activity; however, his most important legacy was the development of young men; and

WHEREAS, he was keenly aware of the challenges that face today's youth, and he believed in building character in young men through the lessons and challenges of youth sports; he coached baseball and football for over 30 years, and although some teams included his sons, most of his time was spent pro bono for the children of others; he was known for chauffeuring boys whose parents could not provide transportation and for building self-confidence and teaching accountability; and

WHEREAS, he loved real estate, but his true legacy can be seen in the faces of all he touched, and it is only fitting and proper that a lasting memorial to this life well lived be established.

PART V WHEREAS, William Austin Atkins, Sr., born in Tate, Georgia, on August 16, 1933, to Austin and Gladys Atkins, has been recognized in the 24th Edition of Who's Who in the World as worthy of recognition along with notable leaders and achievers from all walks of life, whose contributions have made a lasting impact on the political, cultural, business, and academic frameworks of America and the world; and

WHEREAS, this esteemed member of the House of Representatives from 1982 to 1994 served his constituents well as a member of the Appropriations, Regulated Beverages, and Industry Committees; and

WHEREAS, his bachelor of science degree in pharmacy from Mercer University was of great use to him as the Director of the Drugs and Narcotics Agency of the State of Georgia, a position which he retired from in 2008; and

WHEREAS, Mr. Atkins possesses a wide range of talents and abilities which include being lead vocalist of the Bill Atkins Band; and

WHEREAS, this devoted husband and father of two children and two stepchildren still finds time to be involved in his community through his service to the First United Methodist Church on the administrative board, to Mercer University School of Pharmacy on the board

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of directors, Brawner Hospital on the governing board, and Smyrna Hospital on the long-range planning board; and

WHEREAS, he honorably served his country in the United States Army Medical Service Corps from 1955 to 1957; and

WHEREAS, others have recognized his talents and contributions by honoring him with awards such as the Smyrna/Oakdale Moose Lodge in 1993 with the "Mr. Cobb County" award; the Cobb County Clean Commission in 1992 with the "One of a Kind Award"; Cobb County in 1992 with the Statesman of the Year award; American Cancer Society in 1991 with the Recipient Appreciation plaque; Personal Care Homes of Georgia in 1991 with the Legislator of the Year Friendship Award; and the Cobb County Bar Association in 1991 with the Liberty Bell Award; and

WHEREAS, in addition to the Pharmacist of the Year in Georgia award he received from Phi Delta Chi in 1978, he has also received numerous awards throughout the years for his dedication and service to the pharmacy profession; and

WHEREAS, Bill Atkins is a shining example of the important impact that the efforts of one individual can have on the citizens of his community, his state, his country, and even the world, and it is abundantly fitting and proper that his superlative accomplishments be recognized by the dedication of a bridge in his name in honor of his accomplishments.

PART VI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of William Travis Duke of Mableton; and

WHEREAS, he served as a State Representative, 1971-1975; was active in local and state politics for over 30 years; and was one of the first Republicans elected in Cobb County; and

WHEREAS, a man of conviction and purpose, he was a member and/or officer of myriad community service boards, including the Cobb County Chamber of Commerce, Cobb-Marietta Coliseum and Exhibit Hall Authority, Mable House, Cobb County Boys Club, Open Gate Children's Shelter, Department of Family and Children Services, Georgian Club, Cobb-Marietta Museum, Salvation Army, and the Jaycees; and

WHEREAS, William was united in love and marriage to Betty and was blessed with two remarkable children, Jennifer and Derek, and three wonderful grandchildren; and

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WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, William Travis Duke will long be remembered for his love of family and friendship, and this loyal public servant and advocate for his community will be missed by all who had the great fortune of knowing him, and it is only fitting and proper that a lasting memorial to his life be established.

PART VII WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and

WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for nineteen years, the last several as general manager; and

WHEREAS, he also served two years on active duty with the United States Army in Korea; and

WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six four-year terms; and

WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; building and operating an animal shelter, 16 fire stations, and 126 bridges; and

WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and

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was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and

WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they had two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and

WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and

WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.

PART VIII WHEREAS, Floyd C. and Mary McCants Jarrell gave a lifetime of service to the people of Taylor County, Georgia, and had a long string of achievements and contributions to their community; and

WHEREAS, it is only fitting and proper that the lives of service of Floyd C. and Mary McCants Jarrell be honored with a lasting memorial.

PART VIII-A WHEREAS, U.S. Highway 27 traverses the entire western length of Georgia and is approximately 352 miles long; and

WHEREAS, the highway connects 18 diverse counties in the common cause of economic development and regionalism; and

WHEREAS, the state and federal government invested billions of dollars in constructing U.S. Highway 27 and, by supporting travel and tourism investment along the corridor, the state will be increasing the taxpayers' return on investment; and

WHEREAS, promoting tourism along U.S. Highway 27 supports efforts to dismantle persistent poverty in Georgia as seven of the 18 counties along the highway are classified by the University of Georgia as "counties with persistent poverty"; and

WHEREAS, the activities around the promotion of U.S. Highway 27 can serve as a sustainable model for other corridor tourism and economic development efforts in Georgia; and

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WHEREAS, U.S. Highway 27 offers an attractive, alternate north-south transportation route with authentic Georgia cultural heritage and scenic resources.

PART VIII-B WHEREAS, the State of Georgia recently lost one of her most distinguished public servants, innovative legal minds, and civil rights advocate with the passing of the Honorable John H. Ruffin, Jr.; and

WHEREAS, Judge John H. Ruffin, Jr., became the 62nd Judge of the Court of Appeals of Georgia when he was administered the oath of office by Governor Zell Miller on August 24, 1994, after 33 years of practicing law and serving on the superior court bench; and

WHEREAS, Judge Ruffin was born and reared in Waynesboro, Burke County, Georgia, the son of John H. Ruffin, Sr., and Anna Davis Ruffin, and he was a graduate of Waynesboro High and Industrial School, Morehouse College, and Howard University School of Law in Washington, D.C.; and

WHEREAS, he was admitted to the Georgia Bar on July 5, 1961; and

WHEREAS, he was appointed a Superior Court Judge of the Augusta Judicial Circuit in 1986 by Governor Joe Frank Harris and he continued to serve as a superior court judge until his appointment to the Court of Appeals; and

WHEREAS, in addition to being the first African American Superior Court Judge for the Augusta Judicial Circuit, Judge Ruffin was also the first African American member of the Augusta Bar Association, and the third African American and first African American Chief Judge to serve on the Court of Appeals of Georgia; and

WHEREAS, in addition to his membership in the State Bar of Georgia, Judge Ruffin was a member of the bars of the Supreme Court of Georgia, United States Supreme Court, United States Court of Appeals for the Eleventh Circuit, and United States District Courts for the Southern and Middle Districts of Georgia; and

WHEREAS, Judge Ruffin had many professional, civic and religious affiliations, including: Council of Superior Court Judges of Georgia; Council of Juvenile Court Judges of Georgia; Tenth Judicial Administrative District; Chairman, Board of Trustees, Institute of Continuing Judicial Education; Georgia Commission on Gender Bias; Court Reform Committee, Governor's Conference on Justice in Georgia; Georgia Association of Criminal Defense Lawyers; Georgia Advisory Council to the Legal Services Program; Judicial Nominating Commission; Georgia Conference of Black Lawyers, Inc.; State Bar Judicial Compensation

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Committee; American Judicature Society; National Bar Association; American Bar Association; Augusta Bar Association; and the Atlanta Bar Association; and

WHEREAS, he was elected Secretary-Treasurer of the Council of Superior Court Judges and was on track to become the first African American to serve as President of the Council of Superior Court Judges of Georgia prior to his appointment to the Court of Appeals; and

WHEREAS, Judge Ruffin and his beautiful wife, Judith, had one son, Brinkley, and two grandsons, Bryson and Myles; and

WHEREAS, Judge Ruffin and his family are members of the Tabernacle Baptist Church in Augusta; and

WHEREAS, it is only fitting and proper that a lasting memorial to the life and outstanding career of Judge John H. Ruffin, Jr., be established.

PART VIII-C WHEREAS, Kermit Yates was a prominent citizen of the City of Cobbtown in Tattnall County, Georgia; and

WHEREAS, Mr. Yates moved to the City of Cobbtown in the 1930s and departed this life on October 26, 1995, after a long career as a mechanic and noted member of the Cobbtown community; and

WHEREAS, he was the mayor of Cobbtown for many years; he was in charge of the city's water department and was one of the founders of the water system; and

WHEREAS, he was also very active in the Sunlight Primitive Church, where he served as a deacon and was also the caretaker for the church cemetery; and

WHEREAS, since Mr. Yates was a mechanic, he kept everyone "running" by working on cars, trucks, and tractors; and

WHEREAS, it is only fitting and proper that a lasting memorial to this outstanding public servant and community leader be established.

PART VIII-D WHEREAS, Mr. Jimmy (Lou) Chastain was a retired employee of the Georgia Department of Transportation where he was the District Engineer, covering Pickens, Cherokee, Gilmer and Fannin Counties; and

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WHEREAS, he was born in 1957 and was only 53 years of age when he passed away on April 20, 2010; and

WHEREAS, his friends and colleagues remembered Lou's life with comments like: "He was a man of his word," "He noticed everyone and gave them importance," "He was honest," and "He always spoke the truth."; and

WHEREAS, two of his favorite sayings were, "The truth will stand when the world is on fire," and "When you're telling the truth, you can talk as loud as you want."; and

WHEREAS, he was a man who did not judge people; he accepted everyone at face value and then encouraged them to do their best; he acted not out of self-interest, but for the greater good of the people around him; and

WHEREAS, Lou would take time out to help anyone, at any time; if he sensed help was needed, he jumped in; and

WHEREAS, he retired from the Georgia Department of Transportation in January 2009 as the D6-A2 Area Engineer; upon retirement, he went to work with Moreland Altobelli, where Lou worked closely with the Whitfield County Board of Commissioners and in the short time that Lou worked with them, the commissioners were so impressed with him that they presented a resolution in his honor at their May, 2010, meeting; and

WHEREAS, Lou left behind his wife, Tracey, daughter, Mallory, and mother, Eleese; and

WHEREAS, ever since his death, friends and co-workers have been considering appropriate ways to memorialize him and since the bridge over Talking Rock Creek on SR 136 was one of the last projects that Lou worked on as a GDOT Area Engineer, and is in the area where Lou grew up and over the creek that he fished in as a youth, it seems appropriate to have the bridge named in his honor.

PART VIII-E WHEREAS, PFC Don Manac was serving his country as a member of Company H, Second Battalion, Seventh Marine Division, in the Republic of Vietnam, on August 20, 1970; and

WHEREAS, he was a member of a reaction force which was directed to relieve another Marine unit that had been pinned down by fire from a large North Vietnamese Army force; and

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WHEREAS, upon arriving at the site of the beleaguered unit, the reactionary force came under intense automatic weapons fire and, during the initial moments of the engagement, two Marines were seriously wounded; and

WHEREAS, observing that the casualties were lying in an open area, PFC Manac unhesitatingly moved across the fire-swept terrain to the side of his comrades and, seemingly heedless of the enemy rounds impacting around him, dragged them to a covered location; and

WHEREAS, determined to prevent the hostile force from taking and using the wounded soldiers' weapons, he again braved the enemy fusillade as he retrieved the rifles but, before he could reach the safety of his platoon's defensive, he was mortally wounded; and

WHEREAS, his heroic and determined actions inspired all who observed him and were instrumental in saving the lives of two fellow Marines; and

WHEREAS, by his courage, bold initiative, and selfless devotion to duty in the face of grave personal danger, PFC Manac upheld the highest traditions of the Marine Corps and of the United States Naval Service and he gallantly gave his life in the service of his country; and

WHEREAS, it is only fitting and proper that the ultimate sacrifice of PFC Don Manac be honored by establishing a lasting memorial in his honor.

PART VIII-F WHEREAS, Jim Cavan was born in Decatur, Georgia, in 1913; and

WHEREAS, after graduating from high school, he received a football scholarship to the University of Georgia where he played on Coach Harry Mehre's last team at Georgia; and

WHEREAS, after college he started coaching high school football, first at Gainesville High School and then at Rome High School where his team won the state championship in 1942; and

WHEREAS, he served in the U.S. Navy during World War II; while in the Navy he was a coach at the Iowa Pre-Flight School where he worked with such football legends as Bud Wilkinson, Jim Tatum, and Johnny Vaught; and

WHEREAS, he was named as the head football coach and athletic director at R.E. Lee High School in 1953 and remained in those positions until he retired in 1976; and

WHEREAS, during his 23 year career at Lee his football record was 140-84-14; his teams won region championships in 1961, 1965, 1966, 1967, and 1970; the Rebels played Valdosta

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for the AAA state championship in 1961 and his 1970 team was Lee's first regular season undefeated team; and

WHEREAS, Coach Cavan was named as Georgia's high school coach of the year in 1961 by the Atlanta Touchdown Club; and

WHEREAS, he was a contemporary of such legendary Georgia high school coaches as Wright Bazemore, Oliver Hunnicutt, Calvin Ramsey, Weyman Sellers, and Billy Henderson, and Coach Cavan's name is always mentioned when the subject of Georgia's greatest high school coaches comes up; and

WHEREAS, while at Lee, he was also the head coach of the Lady Rebels basketball team and they had great success as his teams won 14 region titles and captured state championships in 1963 and 1966; the 1962-63 team had a perfect 32-0 record and the 1963-64 team won its first 27 games, to run their streak to 59 consecutive wins, before losing in the state championship game; and

WHEREAS, he met his wife, Dot, at the University of Georgia and they were married for 44 years until Coach Cavan passed away in 1983; and

WHEREAS, during his coaching career at Lee, Coach Cavan had the privilege of coaching each of his five children; he coached Dottie and Joanie in basketball, and Jimmy, Mike, and Pete in football; and

WHEREAS, Coach Cavan was inducted into the Georgia Sports Hall of Fame in 1961 and into the Thomaston-Upson Inaugural Induction Hall of Fame in 2005; and

WHEREAS, Coach Jim Cavan continues to be a positive influence in the lives of thousands of graduates of R.E. Lee High School; he consistently exhibited the character traits of discipline, perseverance, loyalty, faith, and dedication to everyone he touched; and

WHEREAS, it is only fitting and proper that a lasting memorial to this great man and coach be established.

PART VIII-G WHEREAS, Willou Copeland Smith is a native of Glynn County, Georgia, where she attended Glynn Academy and went on to Florida State University where she majored in music therapy; and

WHEREAS, she married Bill Smith in 1961, and they have two children, Leigh Ann, who is a real estate broker in Dallas and Cal, who is an attorney in Atlanta; and

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WHEREAS, she served on the Glynn County Commission from 1980 through 1986; and

WHEREAS, in 1987, she was elected to the Georgia House of Representatives where she served until 1996, chairing the minority caucus for one term; and

WHEREAS, she received the prestigious A.W. Jones, Sr., Award in 2004 for dedicated leadership and outstanding service to Brunswick and the Golden Isles, was included in the YWCA's Tribute to Women for 2000, and was selected to enter the Leadership Georgia program in 1982 where she served as trustee from 1983 to 1986; and

WHEREAS, she is a member of Christ Church, Frederica, where she served three years on the Vestry, participated in the Rector search, and is immediate past president of the Daughters of the King; and

WHEREAS, Willou energized the St. Simons "Clean and Beautiful" campaign, and her efforts were recognized by then governor, Joe Frank Harris, who awarded her with the Georgia Woman of the Year Award for "Georgia Clean and Beautiful" in 1981; and

WHEREAS, while in office she was known as the "go to" commissioner and legislator because her highest priority was constituent service; and

WHEREAS, it is only fitting and proper that her years of public service be appropriately recognized.

PART VIII-H WHEREAS, Henry Veal, Sr., and Mamie Solomon Veal were the proud owners of The Veal Caf in downtown Milledgeville, Georgia; and

WHEREAS, they were the first African Americans to own a restaurant with a Coca Cola sign in downtown Milledgeville; and

WHEREAS, they were considered the Founders of Education in Georgia with 22 descendants and cousins with master's degrees that includes one university president, five doctorates, one Harvard Ph.D., three Double Masters, and two Ivy League Masters; and

WHEREAS, Henry and Mamie parented three generations of Ph.D. recipients and raised six siblings who became educators, collectively with 170 years of service, even though they started as cotton pickers with only a fifth grade education; and

WHEREAS, Henry Veal served in WWI as a Mess Sergeant for white army officers, and while stationed in France he learned to speak French; and

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WHEREAS, there is a historic bench in downtown Milledgeville dedicated in honor of the Veals, and it is said that The Veal Caf is where the WWII soldiers came to eat. In the 1940's, the white city hall workers made the caf the first take out restaurant in Milledgeville; and

WHEREAS, many of the Veals' children and other relatives worked in the caf to help put themselves through college; and

WHEREAS, at The Veal Caf you could order a fish sandwich and a coke or "a pig ear samish anna cocola" for a nickel; and

WHEREAS, it is only fitting and proper that a lasting memorial to this outstanding couple be established; along the portion of SR 24 to be dedicated in their honor are the graves of three generations of slave ancestors and 300 members of the Veal and Solomon families.

PART VIII-I WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Raymond Royal Marshall on January 15, 2011; and

WHEREAS, a native of St. Louis, Mr. Marshall earned a bachelor's degree from the University of Georgia and dedicated 17 years to WSB Radio, earning a reputation as a trailblazer in the radio industry; and

WHEREAS, Mr. Marshall began his career with WSB Radio as a board operator and, in 1996, started his own radio talk show called "The Royal Treatment," which ran for several years; and

WHEREAS, Mr. Marshall was an integral member of Neal Boortz's radio team, where his sense of humor and quick mind were incredible assets to the successful nationally syndicated show; and

WHEREAS, a man of deep and abiding faith, Mr. Marshall was an active member of Ray of Hope Christian Church, where he served as a deacon; and

WHEREAS, he was a community advocate and passionate about helping others, serving as chair of the national advisory board at Forever Family, a nonprofit organization which helps children who have parents who are incarcerated; and

WHEREAS, Mr. Marshall was united in love and marriage to his supportive wife, Annette, and was blessed with two remarkable young daughters, Amira and Ava; and

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WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, Mr. Marshall will long be remembered for his love of family and friendship, and this loyal husband, father, and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is only proper and fitting that a lasting memorial to Mr. Marshall be established.

PART VIII-J WHEREAS, Berrien County is very proud of those men and women who have served our country and represented Berrien County with honor and dignity; and

WHEREAS, Private Homer C. Sumner, born on January 17, 1922, and a lifelong resident of Berrien County, after being drafted at the young age of 18 years, did in fact serve our country in the United States Army from 1940 until his death in 1944, offering his life as a sacrifice for our freedom; and

WHEREAS, Private Sumner, while serving in the Infantry 95 Division, was killed in action on November 9, 1944, during the "Battle of the Bulge" in World War II; and

WHEREAS, Berrien County desires to pay honor to this fallen hero for his dedication and sacrifice.

PART VIII-K WHEREAS, the world lost a great leader and citizen with the passing of Charles "Chuck" Burris on February 12, 2009; and

WHEREAS, Charles "Chuck" Burris is known for the vital role he played in Georgia's history by serving as the first African-American Mayor of Stone Mountain; and

WHEREAS, from 1997 until 2001, he gave heroic service and provided tremendous leadership to the people of this State as the Mayor of Stone Mountain; and

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WHEREAS, he was an outstanding student and attended Morehouse College in Atlanta, Georgia, as a Merrill Scholar; and

WHEREAS, as a young man, Chuck began his leadership career by actively working in politics, serving on the campaigns of Mayor Maynard Jackson and Ambassador and Mayor Andrew Young; and

WHEREAS, Mr. Burris was a dedicated public servant as demonstrated by his active service on the Stone Mountain City Council and his service as a public employee for the City of Atlanta and the Office of the Secretary of State; and

WHEREAS, following his term as Mayor of Stone Mountain, Charles Burris became the executive director of the Southern Regional Council, and he later worked at Lockheed Martin as a senior IT manager; and

WHEREAS, Chuck Burris was exceptionally active in civic and community organizations and he gave freely of his time, talents, gifts, and prayers; and

WHEREAS, he was a loving and devoted husband to his wonderful wife, Marcia Baird Burris; and

WHEREAS, those who had the rich privilege of knowing him will remember him as a man of great courage, strong faith, wholesome humor, and warm friendliness. They will remember him as a man quick to champion the right and to make clear his disapproval of the wrong. His solid integrity was eloquent, and his presence was a moral strength in any group; and

WHEREAS, it is only proper to honor the memory of this life well-lived with a lasting memorial.

PART IX NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the life and service of PFC Samuel Stephens Lance and dedicate the intersection of Lafayette Road and SR 27 as the Steve Lance Memorial Intersection.

BE IT FURTHER RESOLVED that the members of this body honor Charlie Will Stapleton by dedicating the bridge on SR 41 crossing Bear Creek in Webster County as the Charlie Will Stapleton Bridge.

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BE IT FURTHER RESOLVED that the members of this body honor the outstanding heroism and bravery of PFC Luther H. Story and dedicate the bridge on SR 26, over the Kinchafoonee Creek in Marion County, as the Luther Story Bridge.

BE IT FURTHER RESOLVED that the members of this body honor the outstanding accomplishments of Forrest Laughlin Adair II and dedicate the bridge on US 78, the Stone Mountain Freeway, at Park Place in Gwinnett County, as the Forrest Laughlin Adair II Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body join in recognizing and honoring William Austin Atkins, Sr., for his outstanding service to his community and to the State of Georgia and dedicate the bridge over I-75 North at Windy Hill Road, in Cobb County, as the William Austin Atkins, Sr. Bridge.

BE IT FURTHER RESOLVED that the members of this body join in honoring the life and memory of William Travis Duke; express their deepest and most sincere regret at his passing; and dedicate the bridge over SR 41 at I-285, in Cobb County, as the W.T. (Travis) Duke Memorial Bridge.

BE IT FURTHER RESOLVED that this body desires to honor Roy Parrish by dedicating the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway.

BE IT FURTHER RESOLVED that this body desires to honor Floyd C. and Mary McCants Jarrell by dedicating the portion of Old Wire Road, SR 208, from the Talbot County line to SR 19 South in Taylor County as the Floyd C. and Mary McCants Jarrell Memorial Highway.

BE IT FURTHER RESOLVED that the Georgia portion of U.S. Highway 27, located within the limits of the Martha Berry Highway, be dedicated as the Scenic Hometown Highway for tourism enhancement purposes.

BE IT FURTHER RESOLVED that the members of this body celebrate the life and outstanding career and many accomplishments of Judge John H. Ruffin, Jr., and dedicate the portion of SR 25 beginning at SR 88 to the Burke County line as the Judge John H. Ruffin, Jr. Memorial Highway.

BE IT FURTHER RESOLVED that this body desires to honor Mr. Kermit Yates by dedicating a portion of SR 152 from the city limits of Cobbtown, Georgia, to the Coleman Bridge as the Kermit Yates Memorial Highway.

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BE IT FURTHER RESOLVED that this body joins in celebrating the life of Jimmy (Lou) Chastain and dedicates the bridge over Talking Rock Creek on SR 136 in Pickens County as the Lou Chastain Memorial Bridge.

BE IT FURTHER RESOLVED that this body desires to honor PFC Don Manac by dedicating the bridge on SR 94 in Fargo, Georgia, at the Clinch/Echols County line, crossing Suwannoochee Creek, as the PFC Don Manac Memorial Bridge.

BE IT FURTHER RESOLVED that this body joins in honoring the life of Coach Jim Cavan and dedicates the portion of SR 74 in Thomaston, Georgia, in Upson County, from its intersection with Church Street to its intersection with Holston Drive as the Coach Jim Cavan Memorial Parkway.

BE IT FURTHER RESOLVED that this body desires to honor Willou Copeland Smith by dedicating the portion of SR 303 from Altama Avenue to its intersection with US 17 as the Willou Copeland Smith Highway.

BE IT FURTHER RESOLVED that the members of this body honor Henry Veal, Sr., and Mamie Solomon Veal by dedicating the portion of SR 24 in Baldwin County from its intersection with Kings Road to the Washington County line as the Veal Solomon Highway.

BE IT FURTHER RESOLVED that the members of this body join in honoring the life and memory of Mr. Raymond Royal Marshall and dedicate the intersection of Courtland Street and Ralph McGill Boulevard in Atlanta, Georgia, as the Raymond Royal Marshall Memorial Intersection.

BE IT FURTHER RESOLVED that the members of this body honor the service of Private Homer C. Sumner and dedicate a portion of SR 125, beginning at Coy Hancock Road and ending at Morris C. Sumner Road as the Private Homer C. Sumner Memorial Road.

BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Charles "Chuck" Burris and dedicates the bridge located at the interchange of East Ponce De Leon Avenue and SR 10/Memorial Drive as the Charles "Chuck" Burris Memorial Bridge.

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.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of PFC Samuel Stephens Lance, to the family of Charlie Will Stapleton, to the family of Luther H. Story, to the family of Forrest Laughlin Adair II, to William Austin Atkins, Sr., to the family of William Travis Duke, to the family of Roy Parrish, to the family of Floyd C. and Mary McCants Jarrell, to the family of Judge John H. Ruffin, Jr., to the family of Kermit Yates, to the family of Lou Chastain, to the family of PFC Don Manac, to the family of Coach Jim Cavan, to Willou Copeland Smith, to the family of Henry Veal, Sr., and Mamie Solomon Veal, to the family of Mr. Raymond Royal Marshall, to the family of Private Homer C. Sumner, and to the family of Charles "Chuck" Burris.

Approved May 13, 2011.

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WATERS SAVANNAH; CHARLESTON; DEEPEN PORTS.

No. 258 (Senate Resolution No. 312).

A RESOLUTION

Endorsing the efforts to deepen the ports in Savannah, Georgia, and Charleston, South Carolina; and for other purposes.

WHEREAS, deepwater ports in the Southeast are key gateways to international trade and must be deepened to adequately accommodate the larger, more efficient container ships calling at the ports today; and

WHEREAS, it is in the interest of the citizens of the Southeastern United States that major container ports in Savannah, Georgia, and Charleston, South Carolina, be deepened in order to prepare for the new generation of container ships which will begin to dominate ocean commerce when the expansion of the Panama Canal is completed in 2014; and

WHEREAS, public and private terminals at the Ports of Savannah and Charleston are primary drivers of the regional economy; and

WHEREAS, completion of the proposed Jasper Ocean Terminal will be critical to the region's future economic prosperity and should be pursued; and

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WHEREAS, the Port of Savannah is the fourth largest and has been the fastest growing container port in the United States and is responsible for moving 8.3% of all U.S. containerized cargo and more than 18% of all East Coast trade; and

WHEREAS, the Port of Savannah handled nearly 12% of all U.S. containerized exports in FY2010, a total of 1.14 million export TEUs (twenty-foot equivalent units), with an export ratio of 54%; and

WHEREAS, approximately 300,000 Georgia jobs and $1.5 billion in state taxes are directly or indirectly dependent on Georgia's ports; and

WHEREAS, the larger, more efficient container ships calling at Savannah today, and expected to increase exponentially when the Panama Canal expansion is completed, require channel depths up to 48 feet; and

WHEREAS, the Savannah Harbor Expansion Project (SHEP) will assist the nation in successfully meeting the National Export Initiative aimed at doubling United States exports over the next five years, by providing critical infrastructure to accommodate the export growth; and

WHEREAS, the SHEP, with significant federal agency collaboration throughout the study process as well as the incorporation of adaptive management, serves as a model for future projects; and

WHEREAS, failure to proceed with deepening the Savannah Harbor could irreparably harm the Southeast's ability to serve global commerce and result in a substantial loss of business and jobs; and

WHEREAS, vessel transportation and tidal delay costs would increase without deepening of the Savannah navigation channel; and

WHEREAS, deepening the harbor will ensure continued growth of the Port and the economic well-being of the Southeast; and

WHEREAS, a Tier II Environmental Impact Statement and General Reevaluation Report have been completed by the U.S. Army Corps of Engineers identifying the viability of deepening the Port of Savannah to as much as -48 feet at mean low water.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body endorse the proposed deepening of the federal navigation channel at Savannah Harbor, located in Chatham County, Georgia, to -48 feet mean low water.

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BE IT FURTHER RESOLVED that the construction of the Savannah Harbor Expansion Project by the U.S. Army Corps of Engineers should be undertaken expeditiously and in keeping with the authorization of the project by the United States Congress.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the Secretary of the United States Senate, the Georgia Congressional Delegation, the Assistant Secretary of the Army (Civil Works), the Chief of the United States Army Corps of Engineers, and the Georgia Ports Authority.

Approved May 13, 2011.