Acts and resolutions of the General Assembly of the State of Georgia 2012, volume 1, book 2

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2012
COMPILED AND PUBLISHED BY AUTHO RITY O F THE STATE
Volume One Book Two

COMPILER'S NOTE
General Acts and Resolutions of the 2012 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 2011- 2012 and the Appropriations Act for FY 2012-2013 will be found in the Volume One 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 June 1, 2011, and May 30, 2012, are printed in Volume Two beginning at pages 5687 and 5709, respectively.
There are no numbered pages between page 1366, the last page of Volume One, Book Two, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Because of the number of pages in the volumes, Volume One has been divided into two books plus an appendix, and Volume Two has been divided into two books. The only page numbers in the Volume One Appendix 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2012
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Resolutions of the General Assembly of the State of Georgia
Proposing Amendments to the Constitution of the State of Georgia.. . . . . . . . . . 1363 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. . . . . . . . . . . . . . . . . . 5687 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5709
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . 106A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 136A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 142A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 144A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 395A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397A

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COURTS PROBATE COURTS; REVISE POPULATION BRACKETS.

No. 657 (House Bill No. 534).

AN ACT

To amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements in certain counties, so as to modify the population eligibility requirements; to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, and powers of appointed clerks, so as to modify population provisions relating to the application of the Code section; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, so as to modify population provisions relating to the definition of probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements in certain counties, is amended by revising subsection (b) as follows:
"(b) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding election."

SECTION 2. Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, and powers of appointed clerks, is amended by revising paragraph (3) of subsection (c) as follows:
"(3) This subsection shall apply to each county of this state having a population of 90,000 or more persons according to the United States decennial census of 2010 or any future such census."

SECTION 3. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, is amended by revising paragraph (2) as follows:

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"(2) 'Probate court' means a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."

SECTION 4. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA STATE WAR VETERANS' HOME; FEE FOR RESIDENCY; WAIVERS; ASSIGNMENT OF BENEFITS.

No. 658 (House Bill No. 535).

AN ACT

To amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, is amended by adding a new Code section to read as follows:
"38-4-56. (a) The Veterans Service Board is authorized to provide by rule and regulation for a reasonable fee for residency in and services provided by a facility of the Georgia State War

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Veterans' Home. The board is authorized to provide by rule and regulation for a full or partial waiver of such fees based on economic need. Such fee waiver shall be established on a sliding scale based on established criteria, including, without limitation, consideration of assets, income, and other resources. (b) The Department of Veterans Service is authorized to receive, as full or partial payment of any fees charged by a facility of the Georgia State War Veterans' Home, the assignment of any state or federal benefit including, without limitation, aid and attendance benefits paid by the United States Department of Veterans Affairs."

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

Approved May 1, 2012.

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LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; INDIVIDUALS WHO ARE PARTIES TO FRANCHISE AGREEMENT NOT EMPLOYEES.

No. 659 (House Bill No. 548).

AN ACT

To amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise agreement shall not be considered employees; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, is amended by revising paragraph (2) as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or

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statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Community Health or the Georgia Composite Medical Board and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and

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resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals. Individuals who are parties to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, 16 C.F.R. 436.1 through 436.11, shall not be deemed employees for purposes of this chapter."

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

Approved May 1, 2012.

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REVENUE AND TAXATION AD VALOREM TAXATION; REVISE POPULATION BRACKETS.

No. 660 (House Bill No. 634).

AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to population brackets and census application; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising subsection (b), the introductory language preceding subparagraph (A) in paragraph (1) of subsection (c), and subsection (e) of Code Section 48-5-24, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in certain counties, as follows:
"(b) In all counties having a population of not less than 690,000 nor more than 800,000 according to the United States decennial census of 2010 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year."
"(c)(1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 900,000 or more according to the United States decennial census of 2010 or any future such census or to any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid:" "(e) In all counties having a population of not less than 680,000 nor more than 690,000 according to the United States decennial census of 2010 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection shall be construed to impose any liability

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for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year."

SECTION 2. Said chapter is further amended by revising subparagraph (L) of paragraph (3) of Code Section 48-5-40, relating to definitions, as follows:
"(L) In all counties having a population of not less than 23,500 nor more than 23,675, according to the United States decennial census of 2010 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property;"

SECTION 3. This Act shall become effective July 1, 2012.

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

Approved May 1, 2012.

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EDUCATION DELAY IMPLEMENTATION OF CERTAIN CAREER AND COLLEGE READINESS INITIATIVES; CAREER EDUCATION; ASSESSMENTS.

No. 662 (House Bill No. 713).

AN ACT

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the assessment for postsecondary readiness to the end of the eleventh grade; to mandate transitional courses; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsection (c) of Code Section 20-2-140, relating to the establishment of competencies and a uniformly sequenced core curriculum, as follows:
"(c) The State Board of the Technical College System of Georgia 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 2013."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"20-2-145.1. The State Board of Education shall prescribe a minimum course of study in career education for students in grades kindergarten through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career awareness, career exploration, and career oriented learning experiences."

SECTION 3. Said article is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows:
"20-2-159.1. No later than July 1, 2013, 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

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(16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related clusters."

SECTION 4. Said article is further amended by revising Code Section 20-2-159.2, relating to coordination between high schools and postsecondary institutions to minimize the need for remedial course work for students in postsecondary institutions, as follows:
"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 State Board of the Technical College System of Georgia shall:
(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, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take; (5) Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and (6) Ensure dual credit courses reflect postsecondary coursework."

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SECTION 5. Said article is further amended by revising subsection (a) of Code Section 20-2-159.4, relating to policies and guidelines for awarding units of high school credit based on demonstrated proficiency, as follows:
"(a) The State Board of Education, in consultation with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, 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 2013-2014 school year."

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

Approved May 1, 2012.

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PROPERTY COVENANTS RUNNING WITH THE LAND; CLARIFY PROVISIONS REGARDING COVENANTS ADOPTED PRIOR TO ADOPTION OF ZONING LAWS.

No. 663 (House Bill No. 728).

AN ACT

To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for legislative findings; to provide for covenants adopted prior to the adoption of zoning laws; 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. The General Assembly finds that current law, Code Section 44-5-60, relating to covenants running with the land, is vague and is in fact silent as to the treatment of covenants which were created prior to a county or municipality adopting zoning laws. The General Assembly finds that during its 1935 session it provided for covenants running with the land terminating at a point certain when municipalities had adopted zoning laws and that in its 1962 session it further provided for covenants running with the land terminating at a point certain in those areas of counties for which zoning laws had been adopted. However, the General Assembly finds that at no point has this body pronounced how covenants running with the land which were created prior to the existence of zoning laws should be treated, and therefore it is the intent of the General Assembly to clarify and correct the current vagaries in the law.

SECTION 2. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, is amended by revising subsection (b) as follows:
"(b) Notwithstanding subsection (a) of this Code section, covenants restricting lands to certain uses shall not run for more than 20 years in municipalities which have adopted zoning laws nor in those areas in counties for which zoning laws have been adopted; provided, however, that whenever a zoning ordinance, upon its initial enactment by a county or municipality, expressly acknowledges the continuing application of a covenant restricting lands to certain uses within that jurisdiction, any such covenant, if created prior to zoning laws being adopted by that county or municipality, shall continue to be effective in such jurisdiction until the expiration of such covenant in accordance with its terms."

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

Approved May 1, 2012.

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REVENUE AND TAXATION INCORPORATE CERTAIN PROVISIONS OF FEDERAL INCOME TAX LAW INTO GEORGIA LAW; CLARIFY PROVISIONS REGARDING RECEIPTS FOR PROPERLY PREPARED COUNTY TAX DIGEST AND PROVISIONS REGARDING SALES AND USE TAXES; EXEMPTION FROM SALES AND USE TAX FOR LIMITED TIME FOR AN INSTRUMENTALITY OF THE STATES.

No. 664 (House Bill No. 729).

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 clarify certain procedures relating to a receipt for a properly prepared county tax digest; to clarify certain definitions relating to sales and use taxes; to clarify that insulin is exempt from state sales and use tax; to provide a new exemption from sales and use taxes for an instrumentality of the states for a limited period of time; to provide effective dates; 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 by revising paragraph (14) of Code Section 48-1-2, relating to definitions regarding revenue and taxation, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2011, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012, 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

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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 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, 2012, 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, 2011, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012, 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 by revising Code Section 48-5-345, relating to a receipt for a properly prepared county tax digest, as follows:
"48-5-345. (a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. (2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310.
(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy, as prescribed in Code Section 48-5-8, would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify

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the county governing authority annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date."

SECTION 3. Said title is further amended by revising paragraphs (17), (25), and (33) of Code Section 48-8-2, relating to definitions regarding sales and use taxation, as follows:
"(17) 'Lease or rental' means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or extend. 'Lease or rental' includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined in 26 U.S.C. Section 7701(h)(1). 'Lease or rental' shall not include:
(A) A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments; (B) A transfer of possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of $100.00 or 1 percent of the total required payments; or (C) Providing tangible personal property along with an operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the equipment to perform as designed. For the purpose of this subparagraph, an operator must do more than maintain, inspect, or install the tangible personal property." "(25) 'Prepaid wireless calling service' means a 'telecommunications service' that provides the right to utilize 'mobile wireless service' as well as other nontelecommunications services including the download of digital products 'delivered electronically,' content, and 'ancillary services,' which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount." "(33)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to:
(i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; (ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or

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(iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealer's physical presence, in the case of a motor vehicle retail sale, excluding lease or rental, the taxable situs of the transaction for the purposes of collecting local sales and use taxes shall be the county of motor vehicle registration of the purchaser."

SECTION 4. Said title is further amended by revising division (47)(A)(I), deleting the "or" at the end of paragraph (90), deleting the period at the end of paragraph (91) and inserting "; or", and adding a new paragraph in Code Section 48-8-3, relating to exemptions from sales and use taxation, as follows:
"(47)(A)(i) The sale or use of drugs which are lawfully dispensable only by prescription for the treatment of natural persons, the sale or use of insulin regardless of whether the insulin is dispensable only by prescription, 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" "(92) For the period commencing July 1, 2012, and ending on December 31, 2013, sales to an organization defined by the Internal Revenue Service as an instrumentality of the states relating to the holding of an annual meeting in this state."

SECTION 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2011.

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

Approved May 1, 2012.

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AGRICULTURE TIMING OF COMMISSIONER OF AGRICULTURE'S FINAL DECISION AND DECISION ON RECONSIDERATION IN HEARINGS.

No. 665 (House Bill No. 746).

AN ACT

To amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for reconsideration of the final decision; 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 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, is amended by revising paragraph (2) of subsection (l) and paragraph (6) of subsection (m) as follows:
"(2) The Commissioner's final decision shall be rendered not later than 30 days from the date of the filing of an application for final agency review unless such period is extended pursuant to paragraph (4) of this subsection." "(6) The Commissioner's reconsideration decision shall be rendered within 30 days following the latest filing deadline."

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

Approved May 1, 2012.

GEORGIA LAWS 2012 SESSION

699

PUBLIC OFFICERS AND EMPLOYEES FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAYS; AUTHORIZED LOCATIONS.

No. 666 (House Bill No. 766).

AN ACT

To amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; 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 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, is amended by revising subsections (a) and (b) of Code Section 45-13-51, relating to study of historical documents and public displays of the Foundations of American Law and Government, as follows:
"(a) The General Assembly finds and determines: (1) The General Assembly has directed the Division of Archives and History of the State of Georgia to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public buildings of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society.
(b) The state and each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the public facilities of the state and such municipality or political subdivision."

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

Approved May 1, 2012.

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PUBLIC UTILITIES CONSUMERS' UTILITY COUNSEL; FILINGS.

No. 667 (House Bill No. 769).

AN ACT

To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it shall not be necessary to file copies of filings with the Public Service Commission with the division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, is amended by adding a new subsection to Code Section 46-10-5, relating to service of notice on director and authority of director to take depositions and obtain discovery, to read as follows:
"(c) Until such time as the General Assembly specifically appropriates funds in an appropriations Act for the consumers' utility counsel division and such funds are available for expenditure, the filings required by subsection (a) of this Code section shall not be required and shall not be made."

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

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

Approved May 1, 2012.

GEORGIA LAWS 2012 SESSION

701

INSURANCE COMPREHENSIVE REVISION OF GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION; FILING OF CERTAIN REPORTS WITH CONSUMERS' INSURANCE ADVOCATE.

No. 668 (House Bill No. 786).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 38 of Title 33, relating to the Georgia Life and Health Insurance Guaranty Association, as follows:

"CHAPTER 38

33-38-1. The purpose of this chapter is to protect the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the insurer issuing such policies or contracts. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter, (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter, and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.

33-38-2. (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, or annuity policies or contracts, for

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certificates under direct group policies and contracts, and for supplemental contracts to any of these, and for unallocated annuity contracts, in each case issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement annuities, annuities issued to or in connection with government lotteries, and any immediate or deferred annuity contracts.
(b)(1) Coverage under this chapter shall be provided only: (A) To persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees of the persons covered under subparagraph (B) of this paragraph; and (B) To persons who are owners of or certificate holders under such policies or contracts, other than unallocated annuity contracts and structured settlement annuities, to the persons who are the contract holders and who: (i) Are residents; or (ii) Are not residents, but the insurers which issued such policies or contracts are domiciled in this state; the states in which such persons reside have associations similar to the association created by this article; and such persons are not eligible for coverage by an association in any other state due to the fact that the insurer was not licensed in the state at the time specified in the state's guaranty association law.
(2) For unallocated annuity contracts specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to:
(A) Persons who are the owners of the unallocated annuity contracts if the contracts are issued to or in connection with a specific benefit plan whose plan sponsor has its principal place of business in this state; and (B) Persons who are owners of unallocated annuity contracts issued to or in connection with government lotteries if the owners are residents. (3) For structured settlement annuities specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to a person who is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee: (A) Is a resident, regardless of where the contract owner resides; or (B) Is not a resident, but only under both of the following conditions:
(i)(I) The contract owner of the structured settlement annuity is a resident; or (II) The contract owner of the structured settlement annuity is not a resident, but the insurer that issued the structured settlement annuity is domiciled in this state and the state in which the contract owner resides has an association similar to the association created by this chapter; and

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(ii) Neither the payee or beneficiary nor the contract owner is eligible for coverage by the association of the state in which the payee or contract owner resides. (4) This chapter shall not provide coverage to: (A) A person who is a payee or beneficiary of a contract owner who is a resident of this state, if the payee or beneficiary is afforded any coverage by the association of another state; or (B) A person covered under paragraph (2) of this subsection, if any coverage is provided by the association of another state to that person. (5) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this chapter is provided coverage under the laws of any other state, the person shall not be provided coverage under this chapter. In determining the application of the provisions of this subsection in situations where a person could be covered by the association of more than one state, whether as an owner, payee, beneficiary, or assignee, this chapter shall be construed in conjunction with other state laws to result in coverage by only one association. (c) This chapter shall not provide coverage to: (1) That portion or part of a policy or contract not guaranteed by an insurer, or under which the risk is borne by the policy or contract owner; (2) A policy or contract of reinsurance or any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, unless assumption certificates have been issued pursuant to the reinsurance policy or contract; (3) A portion of a policy or contract to the extent that the rate of interest on which it is based, or the interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value: (A) Averaged over the period of four years prior to the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting two percentage points from Moody's Corporate Bond Yield Average averaged for that same four-year period or for such lesser period if the policy or contract was issued less than four years before the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier; and (B) On and after the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting three percentage points from Moody's Corporate Bond Yield Average as most recently available; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code

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Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract; (7) A portion of a policy or contract issued to a plan or program of an employer, association, or other person to provide life, health, or annuity benefits to its employees, members, or others, to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association, or other person under:
(A) A multiple employer welfare arrangement as defined in 29 U.S.C. Section 1002(40); (B) A minimum premium group insurance plan; (C) A stop-loss insurance policy; or (D) An administrative services only contract; (8) A portion of a policy or contract to the extent that it provides for: (A) Dividends or experience rating credits; (B) Voting rights; or (C) Payment of any fees or allowances to any person, including the policy or contract owner, in connection with the service to or administration of the policy or contract; (9) A policy or contract issued in this state by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue the policy or contract in this state; (10) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation, regardless of whether the federal Pension Benefit Guaranty Corporation has yet become liable to make any payments with respect to the benefit plan; (11) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan or a government lottery; (12) A portion of a policy or contract to the extent that the assessments required by Code Section 33-38-15 with respect to the policy or contract are preempted by federal or state law; (13) An obligation that does not arise under the express written terms of the policy or contract issued by the insurer to the contract owner or policy owner, including without limitation: (A) Claims based on marketing materials; (B) Claims based on side letters, riders, or other documents that were issued by the insurer without meeting applicable policy form filing or approval requirements; (C) Misrepresentations of or regarding policy benefits;

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(D) Extra-contractual claims; or (E) A claim for penalties or consequential or incidental damages; (14) A contractual agreement that establishes the member insurer's obligations to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer; (15) A portion of a policy or contract to the extent it provides for interest or other changes in value to be determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the policy or contract owner's rights are subject to forfeiture, as of the date the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier. If a policy's or contract's interest or changes in value are credited less frequently than annually, then for purposes of determining the values that have been credited and are not subject to forfeiture under this paragraph, the interest or change in value determined by using the procedures defined in the policy or contract will be credited as if the contractual date of crediting interest or changing values was the date of impairment or insolvency, whichever is earlier, and will not be subject to forfeiture; or (16) A policy or contract providing any hospital, medical, prescription drug, or other health care benefits pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 of Title 42 of the United States Code, commonly known as Medicare Part C & D, or any regulations issued pursuant thereto. (d) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section.

33-38-3. This chapter shall be construed to effect the purpose set forth in Code Section 33-38-1.

33-38-4. As used in this chapter, the term:
(1) 'Account' means any of the two accounts created under Code Section 33-38-5. (2) 'Affiliate' means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. (3) 'Association' means the Georgia Life and Health Insurance Guaranty Association created under Code Section 33-38-5. (4) 'Authorized assessment,' or 'authorized' when used in the context of assessments, means a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed.

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(5) 'Benefit plan' means a specific employee, union, or association of natural persons benefit plan. (6) 'Called assessment,' or 'called' when used in the context of assessments, means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. (7) 'Contractual obligation' means any obligation under a covered policy, contract, or certificate under a group policy or contract, or portion thereof for which coverage is provided under Code Section 33-38-2. (8) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. (9) 'Covered policy' means a policy or contract or portion of a policy or contract for which coverage is provided under Code Section 33-38-2. (10) 'Extra-contractual claims' shall include, for example, any claim not authorized by, or outside the scope of, the underlying policy or contract to include any claim based on bad faith, punitive or exemplary damages, treble damages, prejudgment or postjudgment interest, attorney's fees, or costs of litigation. (11) 'Impaired insurer' means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction on or after July 1, 1981. (12) 'Insolvent insurer' means a member insurer against which an order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction on or after July 1, 1981. (13) 'Member insurer' means any insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:
(A) A hospital or medical service corporation, whether profit or nonprofit; (B) A health care corporation; (C) A health maintenance organization; (D) A fraternal benefit society; (E) A mandatory state pooling plan; (F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; (H) An organization that has a certificate or license limited to the issuance of charitable gift annuities under Code Sections 33-58-1 through 33-58-6; or

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(I) Any entity similar to those described in subparagraphs (A) through (H) of this paragraph. (14) 'Moody's Corporate Bond Yield Average' means the Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto. (15) 'Owner' of a policy or contract and 'policy owner' and 'contract owner' mean the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. The terms 'owner,' 'contract owner,' and 'policy owner' shall not include persons with a mere beneficial interest in a policy or contract. (16) 'Person' means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. (17) 'Plan sponsor' means: (A) The employer in the case of a benefit plan established or maintained by a single employer; (B) The employee organization in the case of a benefit plan established or maintained by an employee organization; or (C) In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan. (18) 'Premiums' means amounts or considerations, by whatever name called, received on covered policies or contracts, less returned premiums, considerations and deposits thereon and less dividends and experience credits. The term 'premiums' shall not include: (A) Amounts or considerations received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under this chapter except that assessable premium shall not be reduced on account of paragraph (3) of subsection (c) of Code Section 33-38-2, relating to interest limitations, and paragraph (12) of Code Section 33-38-7, relating to limitations with respect to one individual, one participant, and one contract owner; (B) Premiums in excess of $5 million on an unallocated annuity contract; or (C) With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of $5 million with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner. (19)(A) 'Principal place of business' of a plan sponsor or a person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily

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exercise that function, determined by the association in its reasonable judgment by considering the following factors:
(i) The state in which the primary executive and administrative headquarters of the entity is located; (ii) The state in which the principal office of the chief executive officer of the entity is located; (iii) The state in which the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (iv) The state in which the executive or management committee of the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (v) The state from which the management of the overall operations of the entity is directed; and (vi) In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor. (B) The principal place of business of a plan sponsor of a benefit plan described in subparagraph (C) of paragraph (17) of this Code section shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question. (20) 'Receivership court' means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. (21) 'Resident' means any person who resides in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business. Citizens of the United States who are either residents of foreign countries or residents of United States possessions, territories, or protectorates that do not have an association similar to the association created by this chapter shall be deemed residents of the state of domicile of the insurer that issued the policies or contracts. (22) 'State' means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. (23) 'Structured settlement annuity' means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant.

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(24) 'Supplemental contract' means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or contract. (25) 'Unallocated annuity contract' means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate.

33-38-5. (a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6. (b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state. (c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account. (d) For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered.

33-38-6. (a) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from the board. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Commissioner. (b) In approving selections of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services.

33-38-7. (a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties:
(1) If a member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the contractual obligations of the impaired

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insurer, imposed by the association and approved by the Commissioner, may, in its discretion:
(A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the covered policies or contracts of the impaired insurer; and (B) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subparagraph (A) of this paragraph and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (A) of this paragraph; (2) If a member insurer is an insolvent insurer, the association shall, in its discretion, either:
(A)(i)(I) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies or contracts of the insolvent insurer; or (II) Assure payment of the contractual obligations of the insolvent insurer; and (ii) Provide moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge the association's duties; or (B) Provide benefits and coverages in accordance with the following provisions: (i) With respect to life and health insurance policies and annuities, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred: (I) With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or 45 days, but in no event less than 30 days, after the date on which the association becomes obligated with respect to the policies and contracts; and (II) With respect to nongroup policies, contracts, and annuities, not later than the earlier of the next renewal date, if any, under the policies or contracts or one year, but in no event less than 30 days, from the date on which the association becomes obligated with respect to the policies or contracts; (ii) Make diligent efforts to provide all known insureds or annuitants, for nongroup policies and contracts, or group policy owners with respect to group policies and contracts, 30 days' notice of the termination, pursuant to division (i) of this subparagraph, of the benefits provided; (iii) With respect to nongroup life and health insurance policies and annuities covered by the association, make available to each known insured or annuitant, or owner if other than the insured or annuitant, and with respect to an individual formerly insured or formerly an annuitant under a group policy who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of division (iv) of this subparagraph, if the insureds or annuitants had a right under law or the terminated policy or annuity to convert coverage to individual coverage or to continue an individual policy or annuity in force until a specified age or for a specified time, during which the insurer had no right

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unilaterally to make changes in any provision of the policy or annuity or had a right only to make changes in premium by class; (iv) In providing the substitute coverage required under division (iii) of this subparagraph, the association may offer either to reissue the terminated coverage or to issue an alternative policy. Alternative or reissued policies shall be offered without requiring evidence of insurability and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy. The association may reinsure any alternative or reissued policy;
(v)(I) Alternative policies adopted by the association shall be subject to the approval of the domiciliary insurance commissioner. The association may adopt alternative policies of various types for future issuance without regard to any particular impairment or insolvency. (II) Alternative policies shall contain at least the minimum statutory provisions required in this state and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates that it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy was last underwritten. (III) Any alternative policy issued by the association shall provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association; (vi) If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy, the premium shall be set by the association in accordance with the amount of insurance provided and the age and class of risk, subject to approval of the domiciliary insurance commissioner and the receivership court; (vii) The association's obligations with respect to coverage under any policy of the impaired or insolvent insurer or under any reissued or alternative policy shall cease on the date the coverage or policy is replaced by another similar policy by the policy owner, the insured, or the association; and (viii) When proceeding under this subparagraph with respect to a policy or contract carrying guaranteed minimum interest rates, the association shall assure the payment or crediting of a rate of interest consistent with paragraph (3) of subsection (c) of Code Section 33-38-2; (3) Nonpayment of premiums within 31 days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the association's obligations under the policy or coverage under this chapter with respect to the policy or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter;

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(4) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association. The association shall be liable for unearned premiums due to policy or contract owners arising after the entry of the order; (5) The protection provided by this chapter shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state; (6) In carrying out its duties under paragraph (2) of this Code section, the association may:
(A) Subject to approval by a court in this state, impose permanent policy or contract liens in connection with a guarantee, assumption, or reinsurance agreement, if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the association's duties under this chapter, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest; and (B) Subject to approval by a court in this state, impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value. In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment of cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans, or other rights by the association for the period of the moratorium or moratorium charge imposed by the receivership court, except for claims covered by the association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and approved by the receivership court; (7) A deposit in this state, held pursuant to law or required by the Commissioner for the benefit of creditors, including policy owners, not turned over to the domiciliary liquidator upon the entry of a final order of liquidation or order approving a rehabilitation plan of an insurer domiciled in this state or in a reciprocal state, pursuant to Code Sections 33-3-8 through 33-3-10, shall be promptly paid to the association. The association shall be entitled to retain a portion of any amount so paid to it equal to the percentage determined by dividing the aggregate amount of policy owners claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy owners' claims in this state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association less the amount retained pursuant to this paragraph. Any amount so paid to the association and retained by it shall be treated as a distribution of estate assets pursuant to applicable state receivership law dealing with early access disbursements.

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(8) If the association fails to act within a reasonable period of time with respect to an insolvent insurer, as provided in paragraph (2) of this Code section, the Commissioner shall have the powers and duties of the association under this chapter with respect to the insolvent insurers; (9) Upon the Commissioner's request, the association may render assistance and advice to the Commissioner concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer; (10) The association shall have standing to appear or intervene before any court or agency in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter or with jurisdiction over any person or property against which the association may have rights through subrogation or otherwise. Such standing shall extend to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring, modifying, or guaranteeing the policies or contracts of the impaired or insolvent insurer and the determination of the policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over any person or property against whom the association may have rights through subrogation or otherwise;
(11)(A) Any person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from, or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative coverages. The association may require an assignment to it of such rights and causes of action by any payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association shall be subrogated to these rights against the assets of any impaired or insolvent insurer. (B) The subrogation rights of the association under this paragraph shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter. (C) In addition to subparagraphs (A) and (B) of this paragraph, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, or payee of a policy or contract with respect to the policy or contracts. (D) If subparagraphs (A) through (C) of this paragraph are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized

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by any other person with respect to the person or claim that is attributable to the policies, or portion thereof, covered by the association. (E) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in this paragraph, the person shall pay to the association the portion of the recovery attributable to the policies, or portion thereof, covered by the association; (12) The benefits that the association may become obligated to cover shall in no event exceed the lesser of: (A) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; (B) With respect to one life, regardless of the number of policies or contracts:
(i) The amount of $300,000.00 in life insurance death benefits, but not more than $100,000.00 in net cash surrender and net cash withdrawal values for life insurance; (ii) In health insurance benefits, $300,000.00 for disability insurance; $300,000.00 for long-term care insurance; $300,000.00 for health insurance other than disability insurance as referenced above, long-term care insurance as referenced above, and basic hospital, medical, and surgical insurance or major medical insurance as referenced below, including any net cash surrender and net cash withdrawal values; and $500,000.00 for basic hospital, medical, and surgical insurance or major medical insurance; and (iii) The amount of $300,000.00 in the present value of annuity benefits, but not more than $250,000.00 in net cash surrender and net cash withdrawal values for an annuity; (C) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $300,000.00 in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any; (D) However, in no event shall the association be obligated to cover more than: (i) An aggregate of $300,000.00 in benefits with respect to any one life under subparagraph (B) of this paragraph except with respect to benefits for basic hospital, medical, and surgical insurance and major medical insurance under division (ii) of this subparagraph, in which case the aggregate liability of the association shall not exceed $500,000.00 with respect to any one individual; or (ii) With respect to one owner of multiple nongroup policies of life insurance, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than $5 million in benefits, regardless of the number of policies and contracts held by the owner; (E) With respect to either one contract owner provided coverage under subparagraph (b)(2)(B) of Code Section 33-38-2 or one plan sponsor whose plans own directly or in trust one or more unallocated annuity contracts, $5 million in benefits, regardless of the number of contracts with respect to the contract owner or plan sponsor. However, in

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the case where one or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state and in no event shall the association be obligated to cover more than $5 million in benefits with respect to all these unallocated contracts; and (F) The limitations set forth in this paragraph are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association pursuant to its subrogation and assignment rights; (13) In performing its obligations to provide coverage under Code Section 33-38-7, the association shall not be required to guarantee, assume, reinsure, or perform, or cause to be guaranteed, assumed, reinsured, or performed, the contractual obligations of the insolvent or impaired insurer under a covered policy or contract that do not materially affect the economic values or economic benefits of the covered policy or contract; (14) In addition to the rights and powers elsewhere in this chapter, the association may: (A) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter; (B) Sue or be sued, including the right to seek a declaratory judgment in any superior court of this state as to uncertainties with respect to the payment of benefits under this Code section. The association may also take any legal actions necessary or proper for recovery of any unpaid assessments under Code Section 33-38-15 and may settle claims or potential claims against it; (C) Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic insurers and may be carried as admitted assets; (D) Employ or retain such persons as are necessary to handle the financial transactions of the association and to perform such other functions as become necessary or proper under this chapter; (E) Negotiate and contract with any liquidator, rehabilitator, conservator, or ancillary receiver to carry out the powers and duties of the association; (F) Take such legal action as may be necessary to avoid payment of improper claims; and (G) Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life or health insurer; but in no case may the association issue insurance policies or annuity contracts other than those issued to perform its obligations under this chapter;

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(15) Organize itself as a corporation or in other legal form permitted by the laws of the state; (16) Request information from a person seeking coverage from the association in order to aid the association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request; (17) Take other necessary or appropriate action to discharge its duties and obligations under this chapter or to exercise its powers under this chapter; (18) The association may join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of the association; (19) With respect to covered policies for which the association becomes obligated after an entry of an order of liquidation, the association may elect to succeed to the rights of the insolvent insurer arising after the order of liquidation under any contract of reinsurance to which the insolvent insurer was a party, to the extent such contract provides coverage for losses occurring after the date of the order of liquidation. As a condition to making such election, the association must pay all unpaid premiums due under the contract for coverage relating to periods before and after the date on which the order of liquidation was entered; (20) The board of directors shall have discretion and may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner; (21) Where the association has arranged or offered to provide the benefits of this chapter to a covered person under a plan or arrangement that fulfills the association's obligations under this chapter, the person shall not be entitled to benefits from the association in addition to or other than those provided under the plan or arrangement; (22) Exclusive venue in any action by or against the association is in the Superior Court of DeKalb County. The association may, at its option, waive such venue as to specific actions. The association shall not be required to give an appeal bond in an appeal that relates to a cause of action arising under this chapter; and (23) In carrying out its duties in connection with guaranteeing, assuming, or reinsuring policies or contracts under paragraph (1) or (2) of this Code section, the association may, subject to approval of the receivership court, issue substitute coverage for a policy or contract that provides an interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract in accordance with the following provisions:
(A) In lieu of the index or other external reference provided for in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends with minimum guarantees, or a different method for calculating interest or changes in value;

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(B) There is no requirement for evidence of insurability, waiting period, or other exclusion that would not have applied under the replaced policy or contract; and (C) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms. (b) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section.

33-38-8. (a) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. If the association fails to submit a suitable plan of operation within 180 days following July 1, 1981, or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner. (b) All member insurers shall comply with the plan of operation. (c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:
(1) Establish procedures for handling the assets of the association; (2) Establish the amount and method of reimbursing members of the board of directors under Code Section 33-38-6; (3) Establish regular places and times for meetings of the board of directors; (4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors; (5) Establish any additional procedures for assessments under Code Section 33-38-15; and (6) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

33-38-9. The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (C) of paragraph (14) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the

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association. A delegation under this Code section shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided for by this chapter.

33-38-10. In addition to the duties and powers enumerated elsewhere in this chapter:
(1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter; and
(2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.

33-38-11. Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an impaired or insolvent insurer shall not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, except (a) upon the termination of the impairment or insolvency of the insurer, or (b) upon the order of a court of competent jurisdiction. Nothing in this Code section shall limit the duty of the association to render a report of its activities under Code Section 33-38-12.

33-38-12. The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a financial report and a report of its activities for the preceding calendar year on forms approved by the Commissioner.

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33-38-13. The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes.

33-38-14. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for any action or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.
33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. Assessment shall be due not less than 30 days after prior written notice to the member insurers. (b) There shall be two classes of assessments, as follows:
(1) Class A assessments shall be authorized and called for the purpose of meeting administrative costs and legal and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; and (2) Class B assessments shall be authorized and called to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent insurer. (c)(1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If a Class A assessment is made on a pro rata basis, the board may provide that it be credited against future Class B assessments. An assessment for costs and expenses other than for examinations which is made on a non-pro rata basis shall not exceed $300.00 per company in any one calendar year. The amount of any Class B assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection (c) of Code Section 33-38-5 pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board in its sole discretion as being fair and reasonable under the circumstances. (2) Class B assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed

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member insurer on policies or contracts covered by each account or subaccount for the three most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers. (3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The association shall notify each member insurer of its anticipated pro rata share of an authorized assessment not yet called within 180 days after the assessment is authorized. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section. Once the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a repayment plan approved by the association. (e)(1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account or subaccount, the amount by which the assets of the account or subaccount exceed the

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amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve.
(i)(1) A member insurer that wishes to protest all or part of an assessment shall pay when due the full amount of the assessment as set forth in the notice provided by the association. The payment shall be available to meet association obligations during the pendency of the protest or any subsequent appeal. Payment shall be accompanied by a statement in writing that the payment is made under protest and setting forth a brief statement of the grounds for the protest. (2) Within 60 days following the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest. (3) Within 30 days after a final decision has been made, the association shall notify the protesting member insurer in writing of that final decision. Within 60 days of receipt of notice of the final decision, the protesting member insurer may appeal that final action to the Commissioner. (4) In the alternative to rendering a final decision with respect to a protest based on a question regarding the assessment base, the association may refer protests to the Commissioner for a final decision, with or without a recommendation from the association. (5) If the protest or appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Interest on a refund due a protesting member shall be paid at the rate actually earned by the association. (j) The association may request information of member insurers in order to aid in the exercise of its power under this Code section and member insurers shall promptly comply with a request.

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33-38-16. (a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any company seeking to do an insurance business in this state. Such reports and recommendations shall not be considered public documents. (b) The board of directors may, upon majority vote, notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by such persons as the Commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a) of this Code section. The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public. (d) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations.

33-38-17. (a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of the assets attributable to covered policies, reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (11) of Code Section 33-38-7. The assets of the impaired or insolvent insurer attributable to covered policies shall be used by the association to continue the covered policies and pay the contractual obligations of the

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impaired or insolvent insurer as required by this chapter. For purposes of this subsection, that portion of the total assets of an impaired or insolvent insurer that is attributable to covered policies shall be determined by using the same proportion as the reserves that should have been established for such policies bears to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer. (c) As a creditor of the impaired or insolvent insurer as established in subsection (b) of this Code section and consistent with Code Section 33-37-33, the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within 120 days of a final determination of insolvency of an insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets.
(d)(1) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer. (2) No distribution to stockholders of an impaired or insolvent insurer shall be made until and unless the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under Code Section 33-38-7, with respect to such insurer, has been fully recovered by the association. (3) No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. (e)(1) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right on behalf of the insurer to recover from any affiliate the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the five years preceding the petition for liquidation or rehabilitation, subject to the limitations of this Code section. (2) No such distribution shall be recoverable if the insurer shows that the distribution was lawful and reasonable when paid and that the insurer did not know and could not

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reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations. (3) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable to the extent of the distributions received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared shall be liable to the extent of the distributions that would have been received if such distributions had been paid immediately. Whenever two persons are liable with respect to the same distribution, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed, in excess of all other available assets of the insolvent insurer, to pay the contractual obligations of the insolvent insurer. (5) Whenever any person liable under paragraph (3) of this subsection is insolvent, all affiliates that controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

33-38-18. All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 180 days from the date of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under any decision, order, verdict, or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such action on the merits.

33-38-19. The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.

33-38-20. Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 60 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that may apply to the actions or orders of the Commissioner.

33-38-21. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement,

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announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance. (b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his or her license or certificate of authority.

33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. (b) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 33-57-5, relating to additional service and notice requirements for rate increases and depositions and discovery, as follows:
"(a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance or health benefit plan rate filing:
(1) Which alone or in combination with any previous rate filing would result in a rate increase of:
(A) Any amount, but no decrease shall be subject to such provisions; provided, however, that (B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly discriminatory, and any correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall require by rule or regulation that financial information of insurers, including a summary of products offered, basic rates applicable to such products, financial statements, officers' salaries,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quarterly basis; or (2) Made within 36 months after any rate filing described by paragraph (1) of this subsection shall also be served on the advocate, and the advocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. A notice of such filing shall be sent to the advocate certified mail or statutory overnight delivery, return receipt requested. The department or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to appear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the advocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner. Until such time as the General Assembly specifically appropriates funds in an appropriations Act for the consumers' insurance advocate and such funds are available for expenditure, the filings required by this subsection shall not be required and shall not be made."

SECTION 3. This Act shall become effective July 1, 2012.

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

Approved May 1, 2012.

__________

MOTOR VEHICLES REVISE DEFINITIONS OF ALL-TERRAIN VEHICLES, RECREATIONAL OFF-HIGHWAY VEHICLES, AND OFF-ROAD VEHICLES.

No. 669 (House Bill No. 795).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to modify definitions related to all-terrain vehicles, recreational off-highway

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vehicles, and off-road vehicles to make such definitions consistent with current industry standards and 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (3) of Code Section 40-1-1, relating to definitions, as follows:
"(3) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more nonhighway tires and which is 50 inches or less in width."

SECTION 2. Said title is further amending in said Code section by revising paragraphs (8.1) through (8.2) as follows:
"(8.01) 'Class I all-terrain vehicle' means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 1,200 pounds or less that travels on three or more nonhighway tires and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. (8.1) 'Class II all-terrain vehicle' means a motorized, off-highway recreational vehicle which is not a class I all-terrain vehicle and which is 65 inches or less in width with a dry weight of 2,000 pounds or less that travels on four or more nonhighway tires and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. (8.2) 'Class III all-terrain vehicle' means any motor vehicle that:
(A) Weighs more than a class II all-terrain vehicle and less than 8,000 pounds; (B) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; and (C) Is actually being operated off a highway."

SECTION 3. Said title is further amended in said Code section by adding a new paragraph to read as follows:
"(50.01) 'Recreational off-highway vehicle' means a motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 65 inches or less in width."

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SECTION 4. Said title is further amended by revising Code Section 40-7-3, relating to defining "off-road vehicle," as follows:
"40-7-3. As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. The term includes, but is not limited to, four-wheel drive vehicles, low-pressure tire vehicles, two-wheel vehicles, nonhighway tire vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind. The term shall exclude any motorboat; any military, fire, law enforcement, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes."

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 40-8-91.1, relating to marking and equipment of all-terrain vehicles used as law enforcement vehicles, as follows:
"(a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 50 inches or less in width."

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

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

Approved May 1, 2012.

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MOTOR VEHICLES FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER; PENALTIES.

No. 670 (House Bill No. 827).

AN ACT

To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify and make more consistent the provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to modify penalties relating to traffic offenses so as to provide for consistency in penalties for violations regardless of the nature of the underlying criminal offense; 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 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by revising Code Section 40-6-395, relating to fleeing or attempting to elude a police officer and impersonating law enforcement officer, as follows:
"40-6-395. (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
(b)(1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and:
(A) Upon conviction shall be fined not less than $500.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten days may, in the sole discretion of the judge, be suspended, stayed, or probated; (B) Upon the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $1,000.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and imprisoned for not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $2,500.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection. (5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer:
(i) Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit; (ii) Strikes or collides with another vehicle or a pedestrian; (iii) Flees in traffic conditions which place the general public at risk of receiving serious injuries; (iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or (v) Leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both. (B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense. (c) It shall be unlawful for a person:

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(1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau of Investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state, or local law enforcement agency; or (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic."

SECTION 2. This Act shall become effective on July 1, 2012, 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 1, 2012.

__________

AGRICULTURE REPEAL LIMITATION ON ROYALTY AND LICENSE FEES FOR VIDALIA ONIONS.

No. 671 (House Bill No. 832).

AN ACT

To amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, is amended to read as follows:
"2-14-132.1. The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia

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GENERAL ACTS AND RESOLUTIONS, VOL. I

onions. The Commissioner is authorized to impose and collect a royalty or license fee for the use of such trademark on products containing Vidalia onions or the packaging containing such onion products. Funds derived from such royalties and license fees shall be retained by the Commissioner and shall be used to promote Vidalia onions and to pay costs associated with monitoring the use of such trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark."

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

Approved May 1, 2012.

__________

HIGHWAYS, BRIDGES, AND FERRIES ANNUAL PERMITS FOR COMMERCIAL WRECKERS EXCEEDING MAXIMUM WEIGHT AND DIMENSIONS WHEN CONDUCTING EMERGENCY TOW.

No. 672 (House Bill No. 835).

AN ACT

To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, is amended in Code Section 32-6-28, relating to permits for excess weight and dimensions of vehicles and loads, by revising subsections (b) and (c) as follows:
"(b) Duration and limits of permits. (1) Annual permit. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the

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date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle:
(A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 100 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or (E) Whose height exceeds 14 feet and six inches. (2) Annual permit plus. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the NHS. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (3) Annual commercial wrecker emergency tow permit. Pursuant to this Code section, the commissioner may issue an annual permit for vehicles towing disabled, damaged, or wrecked commercial vehicles even though such wrecker or its load exceeds the maximum limits specified in this article. However, an annual commercial wrecker emergency tow permit shall not authorize the operation of a vehicle: (A) Whose single axle weight exceeds 21,000 pounds; (B) Whose load on any tandem axle exceeds 40,000 pounds; or (C) Whose total load length exceeds 125 feet. (4) Six-month permit. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways. (5) Single trip. Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle or load allowed by federal law. (6) 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 loads on the same permit, if done so within the allowable ten days, with the same vehicle configuration, and following the same route. (c) Fees. The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows: (1) Annual. Charges for the issuance of annual permits shall be $150.00 per permit. (2) Annual permit plus. Charges for the issuance of annual permits plus shall be $500.00 per permit. (3) Annual commercial wrecker emergency tow permit. Charges for the issuance of annual commercial wrecker emergency tow permits shall be $500.00 per permit.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Six months. The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit. (5) Single trip. Charges for the issuance of single-trip permits shall be as follows:
(A) 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 subparagraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.00
(B) Superload permit. Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds .. . . . . . . . . . . . . . . . . . . . . . . . 125.00
(C) Superload plus permit. Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph. . . 500.00 (6) 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 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2012.

__________

EDUCATION EARLY CARE AND EDUCATION PROGRAMS PROVIDE INFORMATION ON INFLUENZA VACCINE.

No. 673 (House Bill No. 845).

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 require early care and education programs to provide information on the influenza vaccine; 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 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by adding a new Code section to read as follows:
"20-1A-18. (a) Each early care and education program shall, by September 1 of each year, provide to the parent or guardian of each child enrolled in the program educational information on the influenza vaccine. Such information shall include, but not be limited to:
(1) The causes and symptoms of influenza and the means by which it is spread; (2) The risks associated with influenza; (3) The availability, effectiveness, and known contraindications of the influenza vaccine; and (4) Related recommendations issued by the federal Centers for Disease Control and Prevention, including the recommended ages at which children receive the influenza vaccine. (b) The failure on the part of an early care and education program to comply with the provisions of this Code section shall not subject such program to any civil or criminal liability. (c) Nothing in this Code section shall be construed to require any early care and education program to provide or pay for immunizations against influenza."

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION DEPARTMENT OF REVENUE; ADMINISTRATIVE PROCEDURES; MODERNIZE LEVY AND SALE OF PERSONAL PROPERTY PROCEDURES; ELECTRONIC STORAGE, RETRIEVAL, AND TRANSMISSION OF TAX EXECUTIONS.

No. 674 (House Bill No. 846).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter

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GENERAL ACTS AND RESOLUTIONS, VOL. I

rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-2-15.2. (a) As used in this Code section, the term 'ruling' means a written determination that is issued to a person by the commissioner pursuant to regulations promulgated for that purpose, in response to such person's written inquiry about his or her status for tax purposes or the tax effects of acts or transactions, and is based on applying the tax statutes, regulations, or other legal authority to such person's specific set of facts. Such term thus does not include, for example, notices of proposed or final assessment or decisions thereon, decisions on claims for refund, decisions to accept or reject offers in compromise, voluntary disclosure or closing agreements, and responses to petitions or applications under Code sections permitting the commissioner to waive penalty or interest. (b) The commissioner is authorized to promulgate regulations prescribing guidelines and procedures for the submission of rulings, issuance or denial of issuance of rulings, and the redaction and disclosure of rulings to the public. The commissioner may not disclose a ruling to the public without first deleting the name, address, and other identifying details of the person to whom the ruling was issued. (c) A ruling shall have no precedential value except to the person to whom the ruling was issued and then only for the specific transaction addressed in the ruling."

SECTION 2. Said title is further amended by revising subsection (d) of Code Section 48-2-55, relating to the power of the state revenue commissioner to collect unpaid taxes via attachment, garnishment, levy, and sale, as follows:
"(d)(1) The commissioner or his or her authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and constables.
(2)(A) In the event the levy is upon personal property, the sale of such property shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time, place, and manner of the sale, shall give a reasonable description of the property to be sold, shall be posted in three public places in the county, and shall be inserted at least one time in the newspaper in which sheriff's sales in the county are

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advertised. The commissioner may prescribe by regulation methods for providing notice of sale in addition to the provisions of this subparagraph. (B) The commissioner or his or her authorized representative may conduct the sale of such personal property via public auction, public Internet auction, or via sealed bids. If the sale is conducted via public auction, the sale shall be held between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable. The sale shall be conducted within the county in which the property levied on is situated, except that if it appears to the commissioner that substantially higher bids may be obtained for the property if the sale is held at a place outside such county, he may order that the sale be held in such other place. If the location of the sale is in a county other than the county in which the levy was made, notice of the sale as required by this Code section shall be made in both counties. The commissioner may prescribe by regulation the manner or other conditions for sales by public auction, public Internet auction, or sealed bids, including whether payment in full is required at the time of acceptance of the bid, under what circumstances the sale may be adjourned, and whether, and under what circumstances, multiple items of property may be sold separately, in groups, or in the aggregate. (C) For each sale of personal property conducted pursuant to this paragraph, the commissioner or his or her authorized representative shall determine a minimum bid price of the sale, and, in the absence of a bid equal to or greater than the minimum bid price, the commissioner shall retain possession of the property. In determining the minimum bid price, the commissioner or his or her authorized representative shall take into account the expense of making the levy and sale. In his discretion, the commissioner or his or her representative may delay disclosure of the minimum bid price until the receipt of the highest bid. (3) In the event the levy is upon real property, the commissioner or his or her authorized representative, after making the levy, shall return the levy on the execution to the sheriff of the county in which the property is located. After the return, the sheriff shall proceed to advertise and sell the property as required by law."

SECTION 3. Said title is further amended by revising Code Section 48-3-7, relating to the issuance of alias tax executions, by adding a new subsection to read as follows:
"(c) The commissioner or his or her duly appointed representative shall be authorized to convert regularly issued original or alias tax executions into electronic form for indexing, storage, archival, retrieval, or transmittal purposes, and any tax execution so converted, whether or not subsequently reduced to paper or other tangible medium, shall be treated as a regularly issued original for all purposes, and the commissioner shall not thereafter be required to maintain an original of such tax execution. Tax executions so converted, when reduced to paper or other tangible medium, shall fully reflect any and all entries or notations made on such tax executions."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall only be applied to rulings requested after the effective date of this Act.

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION INTANGIBLE TAXES; RATES CHARGED BY COLLECTING OFFICERS.

No. 675 (House Bill No. 851).

AN ACT

To amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; 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 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, is revised as follows:
"48-6-73. Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The

GEORGIA LAWS 2012 SESSION

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long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax."

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

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

Approved May 1, 2012.

__________

GAME AND FISH WATERCRAFT SALT WATER FISHERIES MANAGEMENT; EXTENSIVE REVISION.

No. 676 (House Bill No. 869).

AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to change certain provisions relating to methods of fishing generally; to change certain provisions relating to use of gill nets; to change certain provisions relating to creel, possession, and size limits for certain fresh-water species; to change certain provisions relating to adoption of rules and regulations by the board; to authorize the repeal of certain rules or regulations; to change certain provisions relating to fishing with bow and arrow; to repeal certain provisions relating to sport shad fishing; to change certain provisions relating to the designation of trout waters; to allow for the commercial fishing of American eels, catfish in salt water, and horseshoe crabs; to repeal certain provisions relating to commercial eel fishing; to change certain provisions relating to lawful fishing devices generally; to repeal certain provisions relating to lawful methods of commercial salt-water fishing generally; to repeal certain provisions relating to lawful commercial salt-water fishing gear generally; to repeal certain provisions relating to use of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

purse seines; to repeal certain provisions relating to commercial catfishing; to change certain provisions relating to required records; to change certain provisions relating to factors governing decision to open or close salt waters; to repeal certain provisions relating to open seasons, creel, possession, and minimum size limits for certain finfish species; to repeal prohibition on taking or possessing Atlantic billfish; to repeal certain provisions relating to zoning of salt waters; to authorize the board to promulgate regulations relating to fishing for shrimp for noncommercial purposes; to allow for fishing for jellyfish; to repeal certain provisions relating to sport bait shrimping; to repeal certain provisions relating to bait shrimp dealers; to repeal certain provisions relating to protections for horseshoe crabs; to change certain provisions relating to master collecting and pickers' permits; to change certain provisions relating to minimum size of oysters which may be taken for commercial or noncommercial purposes; to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations relative to game and fish, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"27-2-20.1. It shall be unlawful for any person required to obtain a fishing license as provided in Code Section 27-2-1 to fish in the salt waters of this state without participating in the Saltwater Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Georgia salt water fishing endorsement and the possession of such endorsement or other evidence of participation while salt water fishing."

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SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 27-4-5, relating to methods of fishing generally, as follows:
"(a) It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish, and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this state by any method other than a pole and line, sport trotlines in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in accordance with Code Section 27-4-34, spears in accordance with Code Section 27-4-33, seines in accordance with Code Section 27-4-6, by hand in accordance with Code Section 27-4-37, and as authorized in Code Section 27-4-91 with regard to commercial fresh-water fishing. (b) Notwithstanding subsection (a) of this Code section, dip nets and cast nets may be used to take for bait threadfin shad, blueback herring, gizzard shad, and other nongame fish as authorized by the board; and landing nets may be used to land fish legally caught."

SECTION 4. Said title is further amended by revising Code Section 27-4-7, relating to use of gill nets and seizure of illegal nets, as follows:
"27-4-7. (a) Except as otherwise provided by law or rule and regulation, it shall be unlawful for any person to use a gill net in any of the fresh waters or salt waters of this state at any time, provided that it shall be lawful for properly licensed fishermen to use such nets in the taking of shad in accordance with Code Section 27-4-71 and all other laws and rules and regulations applicable to the taking of shad. All nets violative of this Code section found in the fresh waters or salt waters of this state or in the possession of any person on or around fresh water or salt water shall be seized by conservation rangers or other peace officers of this state. Nets so seized shall be confiscated and shall become the property of the department and shall be disposed of as the commissioner shall direct. (b) Except for shad taken in accordance with Code Section 27-4-71, it shall be unlawful to land in this state any of the species of fish enumerated in Code Section 27-4-10 which were taken by means of a gill net. For purposes of this subsection, 'to land' fish means to bring the fish to shore in this state in the boat or vessel utilized in taking the fish by means of a gill net, regardless of the jurisdiction from which the fish were taken."

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 27-4-10, relating to creel and possession limits and size restrictions, as follows:
"(a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all fresh water species named in this

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:

Species
(1) Largemouth bass (2) Smallmouth bass (3) Shoal bass (4) Suwannee bass (5) Spotted bass or
Kentucky bass (6) Redeye bass or Coosa bass (7) Mountain trout (8) White bass (9) Striped bass (10) Striped white bass
hybrids (11) Any one or combination
of the species of bream or sunfish (12) Walleye (13) Sauger (14) Chain pickerel (15) Grass pickerel (16) Redfin pickerel

Ranges of Sizes Within Which Fish May Not Be Taken
0 -- 24 inches 0 -- 18 inches 0 -- 18 inches 0 -- 18 inches 0 -- 18 inches
0 -- 12 inches 0 -- 24 inches 0 -- 36 inches 0 -- 36 inches 0 -- 36 inches
0 -- 10 inches
0 -- 24 inches 0 -- 24 inches 0 -- 24 inches 0 -- 12 inches 0 -- 12 inches

Maximum Daily Creel And
Possession Limit 10 10 10 10 10
10 8
15 15 15
50
15 15 15 15 15

GEORGIA LAWS 2012 SESSION

(17) Black crappie (18) White crappie (19) American shad (20) Hickory shad (21) Amberjack (22) Atlantic croaker (23) Atlantic sturgeon (24) Black drum (25) Black sea bass (26) Blue marlin (27) Bluefish (28) Cobia (29) Dolphin (30) Flounder (Paralicthys
spp.) (31) Gag grouper (32) King mackerel (33) Red drum (34) Red porgy (35) Red snapper (36) Sailfish (37) Sand tiger shark (38) Sharks (39) Sheepshead

0 -- 14 inches 0 -- 14 inches 0 -- 30 inches 0 -- 24 inches 0 -- 50 inches 0 -- 10 inches 0 -- 86 inches 0 -- 36 inches 0 -- 15 inches
0 -- 20 inches 0 -- 40 inches 0 -- 24 inches 0 -- 15 inches
0 -- 25 inches 0 -- 36 inches 0 -- 36 inches 0 -- 20 inches 0 -- 25 inches
0 -- 140 inches 0 -- 120 inches 0 -- 20 inches

743
30 30
8 8 5 25 1 15 15 3 15 5 15 15
5 5 5 10 5 3 1 2 15

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(40) Small sharks composite

0 -- 54 inches

4

(Atlantic sharpnose,

bonnethead, and spiny

dogfish)

(41) Spanish mackerel

0 -- 20 inches

20

(42) Spot

0 -- 10 inches

25

(43) Spotted sea trout

0 -- 25 inches

15

(44) Tarpon

0 -- 90 inches

1

(45) Tripletail

0 -- 25 inches

5

(46) Weakfish

0 -- 15 inches

15

(47) White marlin

3"

SECTION 6. Said title is further amended by revising Code Section 27-4-12, relating to adoption of rules and regulations by the board generally, as follows:
"27-4-12. (a) In accordance with current, sound principles of wildlife research and management, the board shall have the authority to adopt rules and regulations establishing seasons; methods of fishing and disposition; size, possession, and creel limits; and gear and landing specifications for the taking of fish from the fresh waters and salt waters of this state, except to the extent that such matters are specifically provided for by this title. (b) Within the first ten days of a subsequent legislative session, the board shall report to the appropriate standing committees of each house and to all members whose districts are included within current boundaries of the First Congressional District the following information for the previous year:
(1) A listing and description of rules promulgated by the board for salt-water species listed in Code Section 27-4-10; and (2) A listing and description of any findings made by the department in making a determination pursuant to Code Section 27-4-130. (c) The General Assembly may override any rule or regulation promulgated by the board affecting salt-water finfish fisheries after January 1, 2013, by adopting a joint resolution of the General Assembly so stating, the provisions of Code Section 50-13-4 notwithstanding."

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SECTION 7. Said title is further amended in Code Section 27-4-34, relating to noncommercial fishing with bow and arrow, by adding a new subsection to read as follows:
"(e) Subject to the provisions of this Code section, and in accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations regarding the taking of any fish from the salt waters of this state by means of bow and arrow."

SECTION 8. Said title is further amended by repealing in its entirety Code Section 27-4-35, relating to sport shad fishing, and designating said Code section as reserved.

SECTION 9. Said title is further amended by revising Code Section 27-4-50, relating to manner of fishing and moving of trout, as follows:
"27-4-50. (a) It shall be unlawful to fish for trout in any waters designated as trout waters pursuant to Code Section 27-4-51 by any means other than using one pole and line held in hand. (b) It shall be unlawful to use live fish for bait in any waters designated as trout waters pursuant to Code Section 27-4-51, except as authorized by the board. (c) It shall be unlawful to move trout from any of the fresh waters of this state to any other fresh waters of this state, except that authorized agents of the department may move trout as necessary for purposes of fisheries management, conservation, and restoration."

SECTION 10. Said title is further amended by revising Code Section 27-4-71, relating to commercial shad fishing, as follows:
"27-4-71. (a) It shall be unlawful to fish commercially for shad, American eels, catfish in salt water, or horseshoe crabs except with a valid commercial fishing license as prescribed in Code Section 27-2-23 and a valid commercial fishing boat license as prescribed in Code Section 27-2-8. In accordance with current, sound principles of wildlife research and management, the commissioner may authorize any person so licensed to fish for shad, American eels, catfish in salt water, or horseshoe crabs. (b) In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for fishing commercially for shad, American eels, catfish in salt water, and horseshoe crabs. (c) It shall be unlawful to fish commercially for shad, American eels, catfish in salt water, or horseshoe crabs except in compliance with the rules and regulations of the board

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

pertaining to the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for fishing commercially for such species."

SECTION 11. Said title is further amended by repealing in its entirety Code Section 27-4-72, relating to commercial eel fishing, and designating said Code section as reserved.

SECTION 12. Said title is further amended by revising Code Section 27-4-91, relating to lawful commercial fresh-water fishing devices generally, as follows:
"27-4-91. (a) Except as otherwise provided by law or regulation, it shall be unlawful for any person engaged in commercial fresh-water fishing in this state to use any gear other than trotlines, baskets in accordance with Code Section 27-4-92, turtle traps, or shad nets in accordance with Code Section 27-4-71, to which have been attached a tag bearing the name, address, and commercial fishing license number of the person using any such gear. (b) For purposes of subsection (a) of this Code section, 'trotlines' means one line which has more than 50 hooks in any combination or a combination of lines with more than 50 hooks in use by one person. The lines must be marked with visible buoys and must be attended regularly and removed after the completed fishing trip. The lines must be submerged at least three feet below the surface of the water. It shall be unlawful to keep any game fish, except flathead catfish, channel catfish, American shad, and hickory shad, taken with such lines. (c) For purposes of subsection (a) of this Code section, turtle traps must be constructed of netting and shaped as hoop nets. The traps must also have one open muzzle or throat at least 32 inches wide with a ring ten inches in diameter made into the rear of the trap to permit fish to escape. Notwithstanding any other provision to the contrary, it shall be unlawful to use such traps in the Chattahoochee River and its impoundments lying between Georgia and Alabama. It shall also be unlawful to retain any game fish taken in such traps in any of the waters of this state."

SECTION 13. Said title is further amended by repealing in its entirety Code Section 27-4-112, relating to lawful methods of commercial salt water fishing generally, and designating said Code section as reserved.

SECTION 14. Said title is further amended by repealing in its entirety Code Section 27-4-113, relating to lawful commercial salt-water fishing gear generally, and designating said Code section as reserved.

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SECTION 15. Said title is further amended by repealing in its entirety Code Section 27-4-114, relating to use of purse seines, and designating said Code section as reserved.

SECTION 16. Said title is further amended by repealing in its entirety Code Section 27-4-115, relating to commercial catfishing, and designating said Code section as reserved.

SECTION 17. Said title is further amended by revising subsection (a) of Code Section 27-4-118, relating to required commercial fishing records, as follows:
"(a) It shall be unlawful for any person landing seafood in this state to fail to maintain at all times a record book showing the amount of seafood landed per trip; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and such other information as may be required by the department."

SECTION 18. Said title is further amended by repealing in its entirety Code Section 27-4-130, relating to factors governing decisions to open or close salt waters and public notice of opening or closing of waters, and enacting a new Code Section 27-4-130 to read as follows:
"27-4-130. (a) The commissioner shall have the power to close all or any portion of the salt waters of this state to commercial and noncommercial fishing by species for a period not to exceed six months within a calendar year. Any determination to close the salt waters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management. (b) Nothing in this Code section shall prohibit a person from landing in this state any fish or seafood taken in federal waters pursuant to a valid commercial federal permit. (c) For the purposes of enforcing this article, the department is authorized to zone the salt waters of this state. (d) Public notice of the opening or closing of salt waters as provided in this article shall be given by posting a notice of such opening or closing at the courthouse in each coastal county and by such other means as may appear feasible to inform interested persons of the opening or closing. Such notices shall be posted at least 24 hours prior to any enforcement action taken pursuant to this Code section. (e) In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations to prohibit the sale of any or all seafood in this state."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 19. Said title is further amended by repealing in their entirety Code Sections 27-4-130.1 and 27-4-130.2, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species and prohibitions and exceptions relative to taking or possessing Atlantic billfish, respectively.

SECTION 20. Said title is further amended by repealing in its entirety Code Section 27-4-131, relating to zoning of salt waters, and designating said Code section as reserved.

SECTION 21. Said title is further amended by revising subsection (a) of Code Section 27-4-132, relating to fishing for shrimp for noncommercial purposes generally, as follows:
"(a) In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for noncommercial fishing for shrimp. Except as otherwise provided by law, it shall be unlawful to fish for shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means established by the board. The determination of whether to open or close a river or creek or a portion thereof for fishing for shrimp shall be made by the commissioner in accordance with current, sound principles of wildlife research and management."

SECTION 22. Said title is further amended by revising subsections (c), (e), and (f) of Code Section 27-4-133, relating to lawful nets, opening and closing waters, and identification on boats fishing for shrimp, as follows:
"(c) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad, provided that nothing contained in this Code section shall be construed so as to prohibit any person from using a beach seine along any public beach." "(e) Nothing contained in this Code section shall be construed to prohibit any person from fishing in the salt waters of this state for shrimp to be used or sold for live bait pursuant to Code Section 27-4-171, provided that it shall be unlawful to fish for shrimp for bait with any trawl equipment which has been used to fish for shrimp pursuant to this Code section. (f) In accordance with current, sound principles of wildlife research and management,, the commissioner may authorize any person to fish for crabs, jellyfish, or whelks with power-drawn nets of four-inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrew, Wassaw, and Ossabaw sounds during the months of January, February, and March, when the commissioner has determined that fishing for crabs,

GEORGIA LAWS 2012 SESSION

749

jellyfish, or whelks within such waters will not be detrimental to the conservation of crabs, jellyfish, whelks, or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs, jellyfish, or whelks shall be prima-facie evidence of the violation of this Code section."

SECTION 23. Said title is further amended by revising subsection (a) of Code Section 27-4-137, relating to condemnation proceedings for violations, as follows:
"(a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133 or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person having custody or possession of the equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the costs of the court and its officers; (3) To the payment of any costs incurred in the storage, advertisement, maintenance, or care of such property; and (4) If any money remains, to the general funds of the county."

SECTION 24. Said title is further amended by repealing in its entirety Code Section 27-4-170, relating to sport bait shrimping, and designating said Code section as reserved.

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 25. Said title is further amended by repealing in its entirety Code Section 27-4-171, relating to bait shrimp dealers, and enacting a new Code Section 27-4-171 to read as follows:
"24-7-171. (a)(1) It shall be unlawful for any person to fish for shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23; provided, however, that no cashier employed by a licensed bait dealer and not actively involved in the harvest of bait shrimp shall be required to obtain a commercial fishing license under this Code section. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license issued pursuant to Part 5 of this article. Any license issued pursuant to this Code section shall be invalid immediately upon the holder's obtaining such a commercial food shrimp cast netting license. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are processed, stored, or sold for retail purposes. (2) In addition to complying with subsection (b) of this Code section, any applicant for a bait dealer license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in favor of the state in the amount of $2,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for in this Code section. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be from April 1 to March 31. The bond shall be in addition to the commercial fishing boat license, where applicable, required by Code Section 27-2-8 and in addition to the personal commercial fishing license required by this Code section. Notation of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license. (3) Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer. (4) In addition to the general provisions of this Code section and in accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for commercial bait shrimping.

GEORGIA LAWS 2012 SESSION

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(5) It shall be unlawful for any person fishing for shrimp for live bait pursuant to this Code section to:
(A) Hold a valid commercial food shrimp cast netting license issued pursuant to Part 5 of this article or to employ any person holding such a commercial food shrimp cast netting license; (B) Fish for shrimp pursuant to this Code section in closed waters. All salt waters of this state shall be closed to fishing for shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner in accordance with current, sound principles of wildlife research and management; and (C) Fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth by the board. (b) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human consumption or are personally to be consumed. (c) This Code section shall not prohibit the interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the bait shrimp originated. (d) It shall be unlawful for any person fishing for shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat being used for fishing for shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular established bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time a bait dealer license is issued pursuant to Code Section 27-2-23. (e) The department shall inspect the bait dealer facilities within 30 days from the time application for license is received to ensure the facilities comply with the requirements of this Code section and Code Section 48-8-59 before issuing a bait dealer license."

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SECTION 26. Said title is further amended by repealing in its entirety Code Section 27-4-172, relating to protections for horseshoe crabs, catch limits, and exceptions, and designating said Code section as reserved.

SECTION 27. Said title is further amended by revising subsection (a) of Code Section 27-4-190, relating to master collecting and picker's permits for shellfish, hours for taking shellfish, and recreational harvesting, as follows:
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for commercial purposes without first having obtained a master collecting permit or without proof of purchase that such shellfish were purchased from a certified shellfish dealer. Master collecting permits shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and shall only be issued to persons certified by the Department of Agriculture to handle shellfish unless permission to take and possess shellfish for mariculture purposes has been granted by the department as described in subsection (d) of Code Section 27-4-197. Such permits shall be provided annually at no cost by the department but shall only be issued to persons with the right to harvest shellfish pursuant to Code Sections 44-8-6 through 44-8-8 or to holders of leases from such persons. A permittee may request authorization from the department for employees or agents, who shall be referred to as pickers, of such permittee to take shellfish from permitted areas. Such request shall be in writing to the department and shall include the name, address, and personal commercial fishing license number of the picker. It shall be unlawful for pickers to take or possess shellfish as authorized under their employer's master collecting permit unless they carry on their person while taking or in possession of shellfish a picker's permit as provided by the department indicating the exact area and circumstances allowed for taking. Such pickers' permits and charts shall be provided annually by the department at no cost and shall be in a form as prescribed by the department. Pickers must possess a valid personal commercial fishing license as provided for in Code Section 27-4-110 and, when a boat is used, a valid commercial fishing boat license as provided in Code Section 27-2-8. Master collecting permits and pickers' permits shall not be issued to persons who have been convicted three times in the two years immediately preceding the filing of an application for a permit of violations of this Code section, subsection (b) of Code Section 27-4-193, subsections (a) and (b) of Code Section 27-4-195, or Code Section 27-4-199. Master collecting permits and pickers' permits issued to master collecting permittees' agents shall be surrendered to the department upon termination of Department of Agriculture certification for handling shellfish, upon termination of right to harvest shellfish, or upon violation of any provision of this title. If a picker is removed from authorization to take shellfish by the master collecting permittee, that picker shall immediately surrender to the department his

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picker's permit. It shall be unlawful to possess unauthorized pickers' permits or pickers' permits issued to another person. (2) All commercially licensed vessels engaged in commercial shellfish harvest or transport, whether with shellfish on board or not, shall have a portable marine toilet on board, as the term is defined in Code Section 52-7-3."

SECTION 28. Said title is further amended by revising subsection (a) of Code Section 27-4-194, relating to minimum size of oysters which may be taken for commercial or noncommercial purposes, as follows:
"(a)(1) It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster. (2) It shall be unlawful to take any oysters for commercial purposes when the shells of the oysters measure less than two inches from hinge to mouth, except that oysters less than two inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster to which it is so attached cannot be removed without destroying the two-inch oyster. (3) It shall be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. Oysters of prohibited size as defined in this Code section may be taken or possessed if prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the oyster."

SECTION 29. Chapter 7 of Title 52, relating to registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-26, relating to the penalty for violations relative to registration, operation, and sale of watercraft generally, as follows:
"52-7-26. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012."

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SECTION 30. Said chapter is further amended in Code Section 52-7-51, relating to the penalty for violations relative to the display of watercraft information, by revising subsection (a) as follows:
"(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012."

SECTION 31. Sections 1, 29, and 30 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2013.

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

Approved May 1, 2012.

__________

LABOR AND INDUSTRIAL RELATIONS EXTENSIVE REVISION OF GEORGIA WORKFORCE INVESTMENT BOARD PROVISIONS; REPEAL GEORGIA WORK READY PROGRAM.

No. 677 (House Bill No. 897).

AN ACT

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 14, relating to the Georgia Workforce Investment Board, as follows:

"CHAPTER 14

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) 'Office' means the Governor's Office of Workforce Development.

34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor. (c) The chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be

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available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services. (j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. (m) The board is authorized to promulgate rules and regulations for purposes of implementing the provisions of this chapter.

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) 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 State Board of the Technical College System of Georgia to facilitate coordination with high schools so that high school students can attain certification in soft skills. The office is authorized to explore local, national, and international soft skills programs for the purpose of developing a soft skills certification system.
(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.

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(c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only."

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

Approved May 1, 2012.

__________

INSURANCE INDIVIDUAL INSURANCE COVERAGE BY LIMITED LICENSEES ON PERSONAL PROPERTY
STORED IN SELF-SERVICE STORAGE FACILITIES.

No. 678 (House Bill No. 463).

AN ACT

To amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, is amended by adding a new subsection to read as follows:
"(e)(1) As used in this subsection, the term: (A) 'Limited licensee' means an owner authorized to act as an agent of an insurance provider for purposes of selling certain insurance coverages for personal property maintained in self-service storage facilities pursuant to the provisions of this subsection. (B) 'Occupant' means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (C) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the self-service storage facility or to receive rent from an occupant under a rental agreement.

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(D) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. (E) 'Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (F) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Article 1 of Chapter 4 of Title 10, the 'Georgia State Warehouse Act.' A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (2) The Commissioner may issue to an owner that is in compliance with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with a self-service storage facility. (3) A limited licensee shall be authorized to offer or sell insurance on behalf of a licensed insurer only in connection with a rental agreement and only for either an individual policy issued to an individual occupant or as a group policy for occupants for personal property insurance. A limited licensee shall only be authorized to provide to occupants insurance coverage for: (A) The loss of or damage to personal property stored at a self-service storage facility where the loss or damage occurs at such self-service storage facility during the occupant's rental agreement; or (B) Such other loss directly related to an occupant's rental agreement. (4) No insurance shall be issued pursuant to this subsection unless the limited licensee provides to a prospective occupant written material that: (A) Provides a summary of the terms of insurance coverage, including the identity of the insurer; (B) Conspicuously discloses that the policy of insurance may provide a duplication of coverage already provided by an existing policy of insurance; (C) Describes the process for filing a claim in the event the occupant elects to purchase coverage and experiences a covered loss; (D) Provides information regarding the price, deductible, benefits, exclusions, conditions, and any other limitations of such policy; (E) States that the limited licensee is not authorized to evaluate the adequacy of the occupant's existing insurance coverages, unless such limited licensee is otherwise licensed; and (F) States that the occupant may cancel the insurance at any time, and any unearned premium will be refunded in accordance with applicable law.

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(5) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee licensed pursuant to this subsection shall not be required to treat moneys collected from occupants under rental agreements as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction with a rental agreement shall not be permitted. (6) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subsection. (7) Each owner licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such owner shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective occupants. (8) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for a limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (9) In the event that any provision of this title is violated by a limited licensee, or an employee of a limited licensee, the limited licensee shall be subject to all penalties, fines, criminal sanctions, and other actions authorized by this title. (10) No prelicensing examination shall be required for issuance of a limited license pursuant to this subsection."

SECTION 2. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENT COMPETITIVE BIDDING; EXCEPTIONS; REVISE PROVISIONS REGARDING SMALL BUSINESS ASSISTANCE.

No. 679 (House Bill No. 863).

AN ACT

To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to provide for automatic repeal; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part 1 SECTION 1-1.

Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by revising subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council, as follows:
"(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $25,000.00 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 the Technical College System of Georgia or his

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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 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 1-2. Said article is further amended by revising Code Section 50-5-120, relating to a short title, as follows:
"50-5-120. This part shall be known and may be cited as 'The Small Business Assistance Act of 2012.'"

SECTION 1-3. Said article is further amended by revising Code Section 50-5-121, relating to definitions relative to small business assistance, as follows:
"50-5-121. For the purposes of this part, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Georgia resident business' means any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal to the state or a new business that is domiciled in Georgia and which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place from which business is conducted shall not include a post office box, a leased private mailbox, site trailer, or temporary structure. (3) 'Small business' means a Georgia resident business which is independently owned and operated. In addition, such business must have either fewer than 300 employees or less than $30 million in gross receipts per year."

Part 2 SECTION 2-1.

Said article is further amended by revising subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council, 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.

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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 the Technical College System of Georgia 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 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 2-2. Said article is further amended by revising Code Section 50-5-120, relating to a short title, as follows:
"50-5-120. This part shall be known and may be cited as 'The Small Business Assistance Act of 1975.'"

SECTION 2-3. Said article is further amended by revising Code Section 50-5-121, relating to definitions relative to small business assistance, as follows:
"50-5-121. For the purposes of this part, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Small business' means a business which is independently owned and operated. In addition, such business must have either fewer than 100 employees or less than $1 million in gross receipts per year."

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Part 3 SECTION 3-1.

This part and Part 1 of this Act shall become effective on July 1, 2012. The amendments made by Part 1 of this Act shall stand repealed on July 1, 2015, on which date Part 2 of this Act shall become effective.

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION BONA FIDE CONSERVATION USE PROPERTY; QUALIFICATIONS AND RESTRICTIONS REGARDING COVENANTS; EXCEPTIONS.

No. 680 (House Bill No. 916).

AN ACT

To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising subsections (a), (b), and (i) as follows:
"(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) and paragraph (3) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single person, the primary purpose of which is any good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber, subject to the following qualifications:

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(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (A.1) In the application of the limitation contained in the introductory language of this paragraph, the following rules shall apply to determine beneficial interests in bona fide conservation use property held in a family owned farm entity as described in division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection shall be considered to own only the percent of the bona fide conservation use property held by such family owned farm entity that is equal to the percent interest owned by such person in such family owned farm entity; and (ii) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused portion of such person's 2,000 acre limitation or the product of such person's percent interest in the family owned farm entity times the total number of acres owned by the family owned farm entity subject to such bona fide conservation use assessment, with the result that the family owned farm entity may receive bona fide conservation use assessment on more than 2,000 acres; (B) Such property excludes the entire value of any residence and its underlying property; as used in this subparagraph, the term 'underlying property' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying property of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to a covenant or is subject to the renewal of a previous covenant on or after the effective date of this subparagraph; (C) Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by: (i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited

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partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility; (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or (vii) In the case of constructed storm-water wetlands, any person may own such property; (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals, including without limitation the production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state

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and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection:
(A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended; (E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; (F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are:
(i) Adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency; or (ii) Within buffer zones adjacent to rivers or perennial streams, which buffer zones are established by law or local ordinance and within which land-disturbing activity is prohibited; or (G)(i) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 12-2-4 and approved for such use by the local governing authority. (ii) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought."

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"(b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetlands, the following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business; (2) The owner of a tract, lot, or parcel of land totaling less than 10 acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after the effective date of this paragraph is either first made subject to a covenant or is subject to a renewal of a previous covenant. If the owner of the subject property provides proof that such owner has filed with the Internal Revenue Service a Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040, or, if applicable, a Form 4835, pertaining to such property, the provisions of this paragraph, requiring additional relevant records regarding proof of bona fide conservation use, shall not apply to such property. Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct and provide proof of a visual on-site inspection of the property; Reasonable notice shall be provided to the property owner before being allowed a visual, on-site inspection of the property by the tax assessor. (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property

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is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board." "(i)(1) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(2)(A) As used in this paragraph, the term '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. (B) If a qualified owner has entered into an original bona fide 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 ten-year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 50 acres." (1)(A) The governing authority of a county shall not publish or promulgate any information which is inconsistent with the provisions of this Chapter.

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

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

Approved May 1, 2012.

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RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; AUTHORITY TO EMPLOY HEARING OFFICER; DISPUTE RESOLUTION; JUDICIAL REVIEW.

No. 681 (House Bill No. 928).

AN ACT

To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; 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 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by adding a new Code section to read as follows:
"47-17-27. (a) The board is authorized and empowered to appoint and compensate a hearing officer for the purpose of holding hearings, compiling evidence and information, and submitting evidence, information, and recommendations to the board in any contested case. (b) The hearing officer shall have the authority to do the following in connection with any hearing: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for the hearing or any continued hearings, and fix the time for filing any briefs; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing officer. When a subpoena issued by the hearing officer is disobeyed, any interested party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. Any applicant for disability benefits shall have the right to be represented by counsel before the hearing officer. (c) With respect to all hearings before the hearing officer:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be

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followed. Evidence not admissible under such rules of evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The hearing officer shall give effect to the rules of privilege recognized by law; and (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. At the discretion of the hearing officer, the original shall be compared with the copy or excerpt. (d) The hearing officer, within 30 days from the close of the evidence or, if necessary, a longer period of time approved by the board, shall certify the entire record from the hearing to the board, together with his or her recommendation on the application. On review of the entire record from the hearing officer, the board shall have all the powers it would have in presiding at the reception of the evidence. In its discretion, the board may take additional testimony or remand the matter to the hearing officer for such purpose. The recommendation of the hearing officer to the board shall be made a part of the record before the board. (e) As a part of its decision subsequent to any hearing, the board shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision. The decision of the board shall be mailed to the parties as soon after the rendition of the decision as is practicable. (f) Any party who is adversely affected by any final decision of the board may seek judicial review of the final decision of the board in the Superior Court of Spalding County. Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision is rendered. A copy of the petition shall be served upon the board. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the hearing officer, and the grounds upon which the petitioner contends the decision should be reversed or remanded. The petition may be amended with leave of the court. (g) Within 30 days after the service of the petition or within further time allowed by the court, the hearing officer shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By agreement of the petitioner, the record may be shortened. The court may require or permit subsequent corrections or additions to the record. (h) The filing of the petition shall in no manner stay the enforcement of the decision of the hearing officer. (i) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse the decision of the hearing officer if substantial rights of the petitioner have been prejudiced because the findings, inferences, conclusions, or decisions of the hearing officer are: (1) In violation of constitutional or statutory provisions;

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(2) In excess of the statutory authority of the hearing officer; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary or capricious. (j) A petitioner who is aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Title 5."

SECTION 2. Said chapter is further amended by revising Code Section 47-17-81, relating to eligibility for disability benefits, periodic medical examination, termination of disability benefits, application, hearings, powers of hearing officer, and appeal, as follows:
"47-17-81. (a) Any dues-paying member who became a member prior to July 1, 1993, who is rendered totally and permanently disabled by disease or injury so as to be unable to perform substantially all of the duties of the position to which the member was regularly assigned when the disability originated or so as to be unable to engage in any occupation or gainful employment for which the member is reasonably suited by virtue of the member's background, training, education, and experience shall be entitled to disability benefits of $257.00 per month for life or until the member's disability ceases, provided that the member makes application to the board for disability benefits within 12 months of becoming totally and permanently disabled. (b) The disability benefits provided under this Code section shall be payable upon the event of disability as provided in subsection (a) of this Code section regardless of the cause of the disability and shall be payable when the disability is a result of any mental or physical injury or disease, whether caused by reason of the peace officer's employment or not, provided that no benefits shall be payable under this Code section for any disability resulting from the chronic and excessive consumption of alcoholic beverages, addiction to drugs, the use of which is prohibited in this state by law, engagement by the member in any criminal act, willful misconduct of the member, or injury sustained by the member while serving in the armed forces of any country or while on active duty in the National Guard or other armed forces reserve force. (c) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Code section on June 30, 1990, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Code Section 47-17-80. For each year of service above 20 years but not more than 30 years which such member had when first becoming eligible to receive disability benefits, the benefits shall be the same as those provided for the same number of years of creditable service under the

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provisions of Code Section 47-17-80. The benefits of such members who are receiving disability benefits pursuant to this Code section on June 30, 1990, shall be recomputed and the increased benefits shall be paid to such members beginning July 1, 1990. Any member who first becomes eligible to receive disability benefits on or after July 1, 1990, who has the required years of creditable service as provided in this subsection shall have disability benefits computed and paid in the same manner as provided in this subsection. (d) The amount of disability benefits in this Code section shall apply to those members who have retired on disability prior to July 1, 1990, as well as to those members who retire on disability on or after that date. The service of each such member who retired prior to July 1, 1990, shall be recomputed, and the benefits provided under this Code section shall be paid to such member in the future beginning July 1, 1990. (e) Once each year during the first five years following the commencement of disability benefits under this Code section, and once in every three-year period thereafter, the board may require a disability beneficiary who has not yet attained 65 years of age to undergo a medical examination, such examination to be made at his or her place of residence, or other place mutually agreed upon, by physicians designated by the board. The disability benefits recipient may himself or herself request such an examination. The designated physicians shall report to the board, following each such examination, the current status and condition of the recipient's disability. (f) A disabled member's disability benefits shall cease:
(1) Upon his or her return to gainful employment with the employer for which he or she worked at the time his or her disability originated; (2) If he or she refuses to submit to any medical examination requested under this Code section, in which case the benefits shall remain discontinued until the member's withdrawal of such refusal and submission to the requested medical examination; and, if his or her refusal continues for one year, all his or her rights in and to disability benefits may be revoked by the board; (3) If the board determines on the basis of any medical examination that the member has sufficiently recovered from his or her disability so as to again be able to perform substantially all of the duties of the position to which he or she was regularly assigned when the disability originated, or so as to be able to engage in an occupation or gainful employment for which he or she is reasonably suited by virtue of his or her background, training, education, and experience; (4) If the member does in fact obtain gainful employment compensating him or her at a level equal to or greater than the current compensation for the position he or she occupied at the time his or her disability originated; or (5) When he or she dies. (g) The board shall prescribe and furnish a form and procedure for the application for disability benefits. Applications shall contain such information as the board shall require. Upon the receipt of an application, the board may pass upon and decide whether to grant or deny the application on the basis of the submitted information or may refer the

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application to its duly appointed hearing officer for a recommendation. Any applicant for disability benefits shall have the right to request the board to refer his or her application to the hearing officer for a recommendation. In the consideration of any application for disability benefits, the receipt of disability benefits or payments by the applicant under the federal Social Security Act shall be deemed sufficient for eligibility for disability benefits under this Code section. (h) Any other provision of this Code section to the contrary notwithstanding, no person who becomes a member or again becomes a member of this fund on or after July 1, 1993, shall be entitled to any benefit provided for in this Code section."

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

Approved May 1, 2012.

__________

COURTS JUDGES OF SUPERIOR COURT IN CIRCUITS WITH POPULATION OF 103,000 - 135,000; SUPPLEMENTAL EXPENSE ALLOWANCE; REPEAL.

No. 682 (House Bill No. 930).

AN ACT

To repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future

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such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680), is hereby repealed.

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION SALES AND USE TAXES; REVISE PERCENTAGE OF WITHHOLDING PAYMENTS DUE A NONRESIDENT SUBCONTRACTOR.

No. 683 (House Bill No. 932).

AN ACT

To amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, is amended by revising subsection (e) as follows:
"(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project

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equals or exceeds $250,000.00, shall withhold 2 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold 2 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor."

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

Approved May 1, 2012.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; CORRECTIONS.

No. 684 (House Bill No. 942).

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 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 effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

776 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 2.

Reserved.

SECTION 3.

Reserved.

SECTION 4.

SECTION 5. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended in: (1) Code Section 5-5-41, relating to requirements as to extraordinary motions for new trial generally, notice of filing of motion, limitations as to number extraordinary motions in criminal cases, and DNA testing, by replacing "his or her case, for" with "his or her case for" in paragraph (1) of subsection (c).

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 7-1-4, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, by replacing "a bank charter; or accumulated deficit" with "a bank charter or accumulated deficit" in paragraph (35). (2) Code Section 7-1-1001, relating to licensing of mortgage lenders and mortgage brokers and exemption for certain persons and entities and registration requirements, by replacing "paragraph (1) of this Code section." with "paragraph (1) of this subsection." in paragraph (2), by replacing "paragraphs (1) or (2) of this Code section." with "paragraph (1) or (2) of this subsection." in paragraph (3), and by replacing "under paragraph (17) of this Code section." with "under paragraph (17) of this subsection." in paragraph (14) of subsection (a). (3) Code Section 7-1-1003.5, relating to the Nationwide Mortgage Licensing System and Registry, by replacing "Registry adopts an appropriate" with "Registry adopt an appropriate" in paragraph (3) of subsection (a).

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in:

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(1) Code Section 8-2-25, relating to state building, plumbing, and electrical codes and state-wide application of minimum standard codes, codes requiring adoption by a municipality or county, adoption of more stringent requirements by local governments, adoption of standards for which the state code does not exist, and exemption for certain farm buildings or structures, by replacing "pursuant to Code Section 8-2-25." with "pursuant to this Code section." in paragraph (2) of subsection (e).

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 10-1-202.1, relating to the addition of denatonium benzoate to certain antifreeze, applicability, and limitation on civil and criminal liability, by replacing "receipt or container" with "receipt, or container" in subsection (e).

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-2-6, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, by replacing "conservation and any other activities" with "conservation, and any other activities" in subsection (e). (2) Code Section 12-3-444, relating to membership in the Sapelo Island Heritage Authority, by replacing "Office of the Governor" with "office of the Governor" in paragraph (5) of subsection (a). (3) Code Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm use, by redesignating current subsection (a) as new subsection (b) and by redesignating current subsection (b) as new subsection (a) so as to place definitions first and by replacing "paragraph (3) of subsection (a) of this Code section" with "paragraph (3) of subsection (b) of this Code section" in subsection (h), paragraph (4) of subsection (k), and paragraphs (3) and (4) of subsection (p). (4) Code Section 12-5-546, relating to predictions of drought in the Flint River basin, irrigation reduction auction, and agreement, by replacing "acknowledgement" with "acknowledgment" in subsection (e). (5) Code Section 12-5-582, relating to model ordinances for effective storm-water management and for a district-wide watershed management plan, by replacing "NPDES"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

with "National Pollutant Discharge Elimination System" each time the term appears in paragraphs (2) and (3) of subsection (e). (6) Code Section 12-6-224, relating to the role of the State Forestry Commission in the "Georgia Carbon Sequestration Registry Act," by replacing "participant-reported results" with "participant reported results" in paragraph (2). (7) Code Section 12-6-230, relating to certification of methodologies and results, by replacing "commission-approved procedures" with "commission approved procedures" in subsection (a) and paragraphs (1) and (3) of subsection (c). (8) Code Section 12-6-232, relating to obligations of the State Forestry Commission, by replacing "commission-approved procedures" with "commission approved procedures" in subparagraph (A) of paragraph (2). (9) Code Section 12-7-6, relating to best management practices in controlling soil erosion and sedimentation, by replacing "land disturbing activity" with "land-disturbing activity" in division (b)(15)(C)(ii). (10) Code Section 12-8-22, relating to definitions relative to the "Georgia Comprehensive Solid Waste Management Act," by replacing "wastewater treatment plant" with "waste-water treatment plant" in paragraph (33). (11) Code Section 12-8-39, relating to cost reimbursement fees and surcharges, by deleting the obsolete reference "as required by Code Section 12-8-39.2" at the end of subsection (a). (12) Code Section 12-15-3, relating to definitions relative to the "Sewage Holding Tank Act," by replacing "graywater" with "gray water" in paragraph (4).

SECTION 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended in: (1) Code Section 13-8-53, relating to enforcement of covenants, by replacing "postemployment covenant" with "post-employment covenant" both times it appears in paragraph (1) of subsection (c).

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-6-30, relating to travel expenses for judges of the superior courts, by deleting the obsolete reference "a sentence review panel," in subsection (a). (2) Code Section 15-10-262, relating to prosecutorial procedure in magistrate courts, by replacing "solicitor general" with "solicitor-general" and "solicitors general" with "solicitors-general" in subsection (b). (3) Code Section 15-12-23, relating to clerk of board of jury commissioners, appointment of court personnel in certain counties, juror questionnaires, and construction with other laws, by replacing "and any attendant expense of administration of the courts are determined to be

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contingent expense of court," with "and any attendant expenses of administration of the courts are determined to be contingent expenses of court," in paragraph (1) of subsection (b). (4) Code Section 15-18-43, relating to members of the Prosecuting Attorneys' Council not ineligible for office, by replacing "solicitor general" with "solicitor-general". (5) Code Section 15-18-66, relating to duties and authority of solicitors-general, by replacing "recorders court" with "recorder's court" in paragraph (3) of subsection (b).

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-12-38, relating to pyramid promotional schemes, prohibition, exceptions, and penalties, by replacing "Title10" with "Title 10" in paragraph (4) of subsection (b).

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-5-100, relating to investigation of illegal alien status, by replacing "8 USCA 1373(c), 8 USCA 1644;" with "8 U.S.C.A. Section 1373(c) and 8 U.S.C.A. Section 1644;" in paragraph (2) of subsection (c). (2) Code Section 17-10-15, relating to AIDS transmitting crimes, by replacing "Centers for Disease Control" with "Centers for Disease Control and Prevention" in subsection (g). (3) Code Section 17-15-2, relating to definitions relative to victim compensation, by replacing "by a trained medical personnel" with "by trained medical personnel" in the introductory language of paragraph (6).

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 20-1A-11, relating to penalties and notice regarding regulations in early care and learning, by replacing "the provisions of Code Section 20-2A-10" with "the provisions of Code Section 20-1A-10" in subsection (a). (2) Code Section 20-2-152, relating to special education services, by replacing "in this subsection whose" with "in this subsection, whose" in paragraph (5) of subsection (d).

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(3) Code Section 20-2-260, relating to capital outlay funds generally in regard to education, by replacing "the Appropriations Act" with "the appropriations Act" in paragraph (5) of subsection (j). (4) Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by replacing "curriculum-based" with "curriculum based" in subsection (a). (5) Code Section 20-2-326, relating to definitions regarding the "Building Resourceful Individuals to Develop Georgia's Economy Act," by redesignating current paragraph (2) as new paragraph (4) and by redesignating current paragraphs (3) and (4) as new paragraphs (2) and (3), respectively, arranging said paragraphs in alphabetical order. (6) Code Section 20-2-881, relating to the Board of Community Health to establish plans, rules and regulations, extent of coverage, and recommendations to the General Assembly for a schedule of maximum fees for hospitals and practitioners, by replacing "practitioners that accept" with "practitioners who accept" in subsection (d). (7) Code Section 20-2-911, relating to the Board of Community Health to establish a plan, rules and regulations, extent of coverage, and recommendations to the General Assembly for a schedule of maximum fees for hospitals and practitioners, by replacing "practitioners that accept" with "practitioners who accept" in subsection (d). (8) Code Section 20-2-989.11, relating to appeals to the State Board of Education, by replacing "Georgia Board of Education" with "State Board of Education". (9) Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, by redesignating current paragraph (12.2) as new paragraph (13), by redesignating current paragraph (13) as new paragraph (14), by redesignating current paragraph (13.1) as new paragraph (12.2), by redesignating current paragraphs (14) and (15) as new paragraphs (15) and (16), and by redesignating current paragraph (16) as new paragraph (13.1), respectively, arranging said paragraphs in alphabetical order. (10) Code Section 20-3-519.1, relating to eligibility for scholarships or grants, by replacing "lists Georgia as their home of record." with "lists Georgia as their home of record; and" at the end of subparagraph (a)(1)(B). (11) Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by replacing "students receiving HOPE for the first time" with "students receiving a HOPE scholarship for the first time" and "for a student that serves in the military" with "for a student who serves in the military" in paragraph (3) of subsection (d) and by deleting the paragraph (1) designation preceding the text at the beginning of subsection (e). (12) Code Section 20-3-519.11, relating to the Georgia Student Finance Commission, examination of institutions, rules and regulations, and appropriation of funds, by replacing "fails to refund any monies deemed due" with "fails to refund any moneys deemed due" in subsection (b). (13) Code Section 20-3-633, relating to the creation of the Georgia Higher Education Savings Plan, the board of directors, and assignment to Department of Administrative Services, by replacing "the commissioner of technical and adult education" with "the

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commissioner of the Technical College System of Georgia" in paragraph (1) of subsection (a). (14) Code Section 20-4-11, relating to the powers of the State Board of the Technical College System of Georgia, by replacing "a commissioner of technical and adult education" with "a commissioner of the Technical College System of Georgia" in the introductory language of paragraph (3). (15) Code Section 20-4-14, relating to the establishment of the Technical College System of Georgia and powers and duties, by replacing "department" with "system" in subsection (b) and paragraph (5) of subsection (c). (16) Code Section 20-14-3, relating to the Education Coordinating Council and membership, officers, and meetings, by revising subsection (a) as follows:
"(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Technical College System of Georgia, the chairperson of the State Board of the Technical College System of Georgia, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Department of Early Care and Learning." (17) Code Section 20-14-50, relating to the creation of a postsecondary accountability assessment program, adoption of performance measures, report cards, and audit, by replacing "the State Board of the Technical College System of Georgia" with "the State Board of Technical and Adult Education (now known as the State Board of the Technical College System of Georgia)" in subsection (d). (18) Code Section 20-16-2, relating to definitions regarding the Georgia Higher Education Facilities Authority and "self-liquidating" projects, by replacing "projects shall be deemed 'self-liquidating,' if," with "projects shall be deemed 'self-liquidating' if," in subsection (b).

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in: (1) Code Section 24-12-21, relating to disclosure of AIDS confidential information, by replacing "shall apply as to" with "shall apply to" in subsection (aa).

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(2) Code Section 24-13-21, relating to subpoena for attendance of witnesses - form, issuance, and subpoena in blank, by replacing "not more than 20 days imprisonment" with "not more than 20 days' imprisonment" in subsection (h). (3) Code Section 24-13-26, relating to enforcement of subpoenas, continuance, and secondary evidence of books, papers, or documents, by replacing "not more than 20 days imprisonment" with "not more than 20 days' imprisonment" in subsection (a). (4) Code Section 24-13-92, relating to criminal or grand jury proceedings in foreign state and certificate of need for testimony, hearing, summons, custody and delivery, expenses, and punishment for failure to attend and testify, by replacing "in lieu of issuing subpoena" with "in lieu of issuing a subpoena" in subsection (c).

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-3-6, relating to the effect of the powers of local fire departments on the powers and duties of other officials and departments, by replacing "the Georgia Forestry Commission" with "the State Forestry Commission".

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-4-28, relating to the powers, duties, and authority of the State Board of Pharmacy, by replacing the period with a semicolon at the end of paragraph (12.1) of subsection (a).

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in: (1) Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses generally and multiyear licenses, by replacing "multi-year" with "multiyear" wherever such term occurs in subsections (a) and (b), by replacing "one-, two-, or multi-year anniversary" with "one-year, two-year, or multiyear anniversary" in subsection (a), and by replacing "Multi-year" with "Multiyear" in subsection (b). (2) Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, by replacing "crab licenses" with "crabbing licenses" in paragraph (4) of subsection (e) and the introductory language of paragraph (5) of subsection (e) and by replacing "crab license" with "crabbing license" in paragraph (6) of subsection (e).

Reserved.

SECTION 28.

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SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-3-32, relating to the property obligations of a conservator and investment of funds, by repealing and reserving paragraph (12), which refers to repealed provisions. (2) Code Section 29-9-13.1, relating to authentication of documents in court proceedings, by replacing "as is provided in that Code section" with "as is provided in such Code sections" at the end of said Code section.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-1-3.2, relating to hearing screenings for newborns, by repealing and reserving obsolete subsections (f), (g), and (h). (2) Code Section 31-2-11, relating to biopharmaceuticals and expedited review for Georgia based companies, by replacing "the PeachCare for Kids program" with "the PeachCare for Kids Program" in subsection (b). (3) Code Section 31-6-43, relating to acceptance or rejection of application for certificate of need, by replacing "publishes notices of the filing" with "publishes notice of the filing" in the last sentence of subsection (i). (4) Code Section 31-7-12.2, relating to regulation and licensing of assisted living communities, legislative intent, definitions, procedures, and requirements for medication aides, by replacing "As used in this Code Section" with "As used in this Code section" in the introductory language of subsection (b) and by replacing "Code section 31-2-8" with "Code Section 31-2-8" in paragraph (7) of subsection (c). (5) Code Section 31-8-111, relating to rights as citizens for resident of long-term care facilities, by replacing "referenda" with "referendums" in paragraph (1). (6) Code Section 31-8-193, relating to the establishment of programs to provide for health care services to low-income recipients and contracts with health care providers, by replacing "the Department of Public Health" with "the department" in paragraph (3) of subsection (b). (7) Code Section 31-21-7, relating to preneed contracts and revisions, by replacing "18 years or older" with "18 years of age or older" in subsection (b) and by replacing "holds the right of disposition" with "hold the right of disposition" in subsection (e). (8) Code Section 31-35-1, relating to legislative findings relative to vaccinations for firefighters, emergency medical technicians, and public safety officials, by replacing "Centers for Disease Control" with "Centers for Disease Control and Prevention".

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SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-6-26, relating to the weight of a vehicle and load, by replacing "subparagraph (A) through (F)" with "subparagraphs (A) through (F)" in paragraph (2) of subsection (g). (2) Code Section 32-6-28, relating to permits for excess weight and dimensions, by replacing "Code Section 32-6-22 and Code Section 32-6-26" with "Code Sections 32-6-22 and 32-6-26" in subparagraph (a)(1)(B); by replacing "Superload permit " with "Superload permit." in subparagraph (c)(4)(B); and by replacing "Superload plus permit " with "Superload plus permit." in subparagraph (c)(4)(C). (3) Code Section 32-6-75.3, relating to application for tree trimming permit and annual renewal, forms, application fees, evaluation, and criteria for trimming trees or vegetation, by redesignating the current introductory language in paragraph (3) of subsection (e) as new subparagraph (e)(3)(D) and by redesignating current subparagraph (e)(3)(D) as new subparagraph (e)(3)(E); by replacing "self promotional" with "self-promotional" and "benefitting" with "benefiting" in subsection (h); and by replacing "$5000.00" with "$5,000.00" in subsection (i). (4) Code Section 32-9-14, relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority, by replacing "including but not limited to, attendance" with "including but not limited to attendance" in subsection (g).

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-1-19, relating to the Special Advisory Commission on Mandated Health Insurance Benefits, by replacing "Department of Insurance" with "Insurance Department" in paragraphs (1) and (2) of subsection (d) and in subsection (f). (2) Code Section 33-5-25, relating to broker to ascertain financial condition of unauthorized insurer prior to placement of insurance therewith and placement of insurance with foreign or alien insurers, by replacing "$4,500,000.00" with "$4.5 million" at the end of the undesignated text at the end of subparagraph (b)(1)(A) and by replacing "the group's domiciliary regulatory" with "the group's domiciliary regulatory agency" in subparagraph (b)(1)(B). (3) Code Section 33-20A-3, relating to definitions relative to patient protection, by replacing "advance practice nurse," with "advanced practice nurse," in paragraph (6). (4) Code Section 33-24-53, relating to insurance and compensation for referrals or recommendations to attorneys prohibited and penalties, by replacing "All persons, except law enforcement personnel and persons named in the report shall be required" with "All persons, except law enforcement personnel and persons named in the report, shall be required" in subsection (c).

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(5) Code Section 33-29A-30, relating to legislative findings and purpose and increasing availability of health insurance for uninsured individuals, by replacing "policies in Georgia that is currently approved" with "policies in Georgia that are currently approved". (6) Code Section 33-29A-35, relating to adoption of rules and regulations by the Commissioner of Insurance and application of dispute resolution mechanism or provision, by replacing "Code Sections 33-24-27.1, 33-24-27, 31-24-59.12, and 33-29-6(c)." with "Code Sections 33-24-27, 33-24-27.1, and 33-24-59.12 and subsection (c) of Code Section 33-29-6." at the end of subsection (a). (7) Code Section 33-30-1, relating to "group accident and sickness insurance" and "true association" defined, by replacing "paragraph (2) of this Code section" with "paragraph (2) of this subsection" in paragraph (3) of subsection (a). (8) Code Section 33-45-5, relating to application for approval or renewal of certificate of authority regarding continuing care providers and facilities, by replacing "annual disclosure statements" with "annual disclosure statement". (9) Code Section 33-45-7, relating to requirements for continuing care agreements, addenda, and amendments, by replacing "a list all properties" with "a list of all properties" in paragraph (1) of subsection (a). (10) Code Section 33-45-8, relating to portion of entrance fee paid by resident of a continuing care facility to be held in escrow account, by replacing "subparagraph (A) of paragraph (6) of subsection (a)" with "subparagraph (a)(6)(A)" in paragraph (2) of subsection (b) and by replacing "subparagraph (B) of paragraph (6) of subsection (a)" with "subparagraph (a)(6)(B)" in paragraph (3) of subsection (b).

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-14-3, relating to the establishment of the Governor's Office of Workforce Development, the executive director, and the attachment to Office of Planning and Budget, by replacing "the Board of Technical and Adult Education" with "the State Board of the Technical College System of Georgia" in paragraph (3) of subsection (a).

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-1-4, relating to requirements for reporting stolen motor vehicles and license plates and effect on the Georgia Crime Information Center, by replacing "paragraph (14) of Code Section 35-3-33." with "paragraph (14) of subsection (a) of Code Section 35-3-33." (2) Code Section 35-1-17, relating to local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration laws, by replacing

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"memorandum of understandings" with "memorandums of understanding" in paragraph (2) of subsection (b). (3) Code Section 35-2-1, relating to the creation of the Board of Public Safety, by revising subparagraphs (b)(2)(D) and (b)(2)(E) as follows:
"(D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984, each subsequent term being for three years; and (E) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Fire Chiefs; the first representative shall serve an initial term beginning on January 21, 2011, each term being for three years." (4) Code Section 35-2-49, relating to the provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators and retention of weapons and badges upon retirement, by replacing "Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation" with "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation" and by replacing "Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation" with "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation". (5) Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center, by replacing "subparagraph (A) of paragraph (1) of Code Section 35-3-33" with "subparagraph (a)(1)(A) of Code Section 35-3-33" and "subparagraphs (B), (C), and (D) of paragraph (1) of Code Section 35-3-33." with "subparagraphs (a)(1)(B), (a)(1)(C), and (a)(1)(D) of Code Section 35-3-33." in subsection (a), by replacing "paragraph (1) of Code Section 35-3-33," with "paragraph (1) of subsection (a) of Code Section 35-3-33," in subsection (c), and by replacing "paragraph (9) of Code Section 35-3-33." with "paragraph (9) of subsection (a) of Code Section 35-3-33." in subsection (j). (6) Code Section 35-3-37, relating to inspection of criminal records and purging, modifying, or supplementing of records, by replacing "control of disputed record" with "control of the disputed records" in subsection (c). (7) Code Section 35-8-2, relating to definitions relative to the "Georgia Peace Officer Standards and Training Act," by replacing "a solicitor general," with "a solicitor-general," in paragraph (4). (8) Code Section 35-9-15, relating to the appointment of a law enforcement officer of the United States or any state as an officer of this state, by replacing "Chapter 8 of Title 35," with "Chapter 8 of this title," in paragraph (2) of subsection (e).

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SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-8-6, currently repealed under Chapter 8, relating to county police, by designating said Code section as reserved. (2) Code Section 36-31-8, relating to transition periods for governmental functions and appointment by the Governor of interim representatives, in paragraph (2) of subsection (e) as follows:
"(2) Provisions of Code Section 12-8-31.1, relating to solid waste planning;" (3) Code Section 36-32-13, relating to municipal court clerks and the role of the Municipal Courts Training Council, by replacing "8 hours" with "eight hours" in paragraph (2) of subsection (b). (4) Code Section 36-36-3, relating to report identifying annexed property, maps and surveys, technical assistance to municipalities, and preclearance, by replacing "stating their intent" with "stating its intent" in paragraph (3) of subsection (a). (5) Code Section 36-37-6, relating to disposition of municipal property generally, by replacing "in any way provided, however, that" with "in any way; provided, however, that" in paragraph (2) of subsection (j). (6) Code Section 36-44-3, relating to definitions relative to the "Redevelopment Powers Law," by replacing "U.S. Bureau of the Census" with "United States Bureau of the Census" in division (7)(A)(iii). (7) Code Section 36-44-9, relating to computation of allocation increments of districts, property tax included, and use of tax funds, by replacing "consolidated government or board of education" with "consolidated government, or board of education" in subsection (e). (8) Code Section 36-60-13, relating to multiyear lease, purchase, or lease-purchase contracts, by replacing "lease purchase contracts" with "lease-purchase contracts" in the introductory paragraph of subsection (a). (9) Code Section 36-66-4, relating to hearings on proposed zoning decisions, by replacing "local government then:" with "local government, then:" in the introductory paragraph of subsection (b) and by replacing "subsection (b)" with "subsection (c)" in subparagraph (d)(4)(C). (10) Code Section 36-66A-1, relating to definitions relative to transfer of development rights, by replacing "groundwater recharge area;" with "ground-water recharge area;" and by replacing "aesthetic," with "esthetic," in paragraph (6). (11) Code Section 36-66A-2, relating to procedures, methods, and standards for transfer of development rights, by replacing "enter in to" with "enter into" in subsection (f). (12) Code Section 36-76-4, relating to application process for the issuance of a state franchise for a cable service provider, by striking "and" at the end of paragraph (3) of subsection (c). (13) Code Section 36-82-10, relating to reporting requirements for bonds, by replacing "$1 million, shall" with "$1 million shall" in the introductory paragraph of subsection (b).

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(14) Code Section 36-83-7, relating to state technical assistance in the local government investment pool, by replacing "operating needs, by:" with "operating needs by:" in the introductory paragraph of said Code section. (15) Code Section 36-88-6, relating to criteria for enterprise zones, by replacing "Federal Bureau of the Census," with "United States Bureau of the Census," in subsection (a) and by replacing "U.S. Bureau of Census;" with "United States Bureau of the Census;" in paragraph (1) of subsection (b). (16) Code Section 36-89-2, relating to appropriation and purpose of homeowner tax relief grants, by replacing "In each year the General Assembly" with "In each year, the General Assembly" and by replacing "school districts, in order to" with "school districts in order to" in said Code section. (17) Code Section 36-91-100, relating to definitions regarding bidding for government works projects, by replacing "pursuant to Article 2 of Chapter 70 of Title 36" with "pursuant to Article 2 of Chapter 70 of this title" in paragraph (1) and by replacing "provisions of Chapter 62 of Title 36" with "provisions of Chapter 62 of this title" in paragraph (3). (18) Code Section 36-91-102, relating to planning, finance, construction, acquisition, leasing, operation, and maintenance of government works projects, implementation, and lobbying restrictions, by replacing "ten days notice" with "ten days' notice" in subparagraph (c)(4)(A). (19) Code Section 36-92-4, relating to regulation of settlement of actions against local government entities, by replacing "tortfeasor," with "tort-feasor," in subsection (g).

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-4-107, relating to appointment of client representatives and guardians ad litem, notification provisions, and duration and scope of guardianship ad litem, by replacing "first class mail." with "first-class mail." in subsection (d). (2) Code Section 37-10-2, relating to the Interstate Compact on Mental Health, by replacing "Commissioner of Behavioral Health and Developmental Disabilities," with "commissioner of behavioral health and developmental disabilities," in subsection (a) of Article XV of the compact.

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 38-2-251, currently repealed under Part 3 of Article 3 of Chapter 2, relating to pay, pensions, and allowances, by designating said Code section as reserved. (2) Code Section 38-3-3, relating to definitions relative to emergency management, by replacing "42 U.S.C. 2011," with "42 U.S.C. Section 2011," in paragraph (3). (3) Code Section 38-3-22.2, relating to the establishment of the Airport Anti-Terrorism Training Committee, by replacing "Anti-Terrorism" with "Antiterrorism" once in

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paragraph (1) of subsection (a), twice in the introductory language of subsection (b), once in subsection (c), and twice in subsection (d). (4) Code Section 38-3-57, relating to the establishment under the Georgia Emergency Management Agency of a standardized, verifiable, performance based unified incident command system, utilization, training, implementation, and funding, by replacing "the Georgia Forestry Commission," with "the State Forestry Commission," in subsection (c).

Reserved.

SECTION 39.

Reserved.

SECTION 40.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-2-14, relating to the power of the Governor to declare a state of emergency with regard to jail and prison overcrowding, by deleting the obsolete reference "provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Georgia Building Authority (Penal) Act,'" in said Code section. (2) Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug use risk reduction program, notice of requirements, and fees for driver's license, by replacing "subject-matter" with "subject matter" in subsection (f).

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-34-171, relating to definitions regarding clinical perfusionist licensure, by replacing "chemotherapeutic" with "chemotherapeutics" in division (6)(B)(vii).

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-14-366, relating to mechanics and materialmen and waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, interim waiver and release upon payment, unconditional waiver and release upon final payment, and affidavit of nonpayment, by inserting a period following "THE ABOVE FACTS ARE

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SWORN TRUE AND CORRECT BY THE UNDERSIGNED, THIS ______ DAY OF ______________, ____" in the form in subparagraph (f)(2)(C).

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-10-28, relating to penalties for violation of part, civil actions by Attorney General to collect penalties, and violations by public official, agency head, or employee, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, in subsection (c). (2) Code Section 45-15-13, relating to the representation of state authorities by the Attorney General, by deleting obsolete reference "Georgia Building Authority (Penal)," in said Code section.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-1-1, relating to definitions and exclusions in regard to general provisions relative to public utilities and public transportation, by replacing "rentor's" with "renter's" in subparagraph (C) of paragraph (5.1). (2) Code Section 46-2-28, relating to procedure for issuance of stocks, bonds, notes, or other debt by companies under the Public Service Commission's jurisdiction and exemptions, by replacing "of this Code section, if" with "of this Code section if" in the introductory language of subsection (g). (3) 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 funds, by replacing the single quotation marks with double quotation marks at the beginning and end of the term "employee benefits" in subparagraph (f)(1)(C); by replacing "maintenance of emergency 9-1-1 system" with "maintenance of the emergency 9-1-1 system" in subparagraph (f)(1)(D); by replacing the single quotation marks with double quotation marks at the beginning and end of the term "cost of insurance" in division (f)(2)(B)(i); by replacing "hardware and software that supports the use" with "hardware and software that support the use" in division (f)(2)(B)(v); and by replacing "shall certify in their audit" with "shall certify in its audit" in paragraph (1) of subsection (m). (4) Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, by replacing "Section 20.3 of Title 47 of the Code of Federal Regulations" with "47 C.F.R. Section 20.3" in paragraph (9) of subsection (a), by replacing "75 cents" with "75" in paragraph (1) of subsection (b), and by replacing "ten minutes or less, or $5.00" with "ten minutes or less or $5.00" in subsection (g).

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Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-8-3, relating to exemptions from state sales and use tax, by replacing the period with a semicolon at the end of subparagraph (G) of paragraph (33.1) and by designating currently repealed paragraph (58) as reserved.

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-10-3, relating to powers, duties, and responsibilities regarding the Georgia Board for Physician Workforce, by replacing "Award service cancelable loans" with "To award service cancelable loans" in paragraph (2).

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-5-69, relating to purchases without competitive bidding, a central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and Purchasing Advisory Council, by replacing "the commissioner of technical and adult education" with "the commissioner of the Technical College System of Georgia" in subsection (a) and by replacing "purchases made through procurement card" with "purchases made through procurement cards" in subsection (c). (2) Code Section 50-8-240, relating to the creation, members, vacancies, and quorum regarding the Martin Luther King, Jr., Advisory Council, by replacing "the Martin Luther King, Jr. Advisory Council" with "the Martin Luther King, Jr., Advisory Council" in subsection (a). (3) Code Section 50-8-241, relating to duties of the Martin Luther King, Jr., Advisory Council, by replacing "Martin Luther King, Jr. Advisory Council" with "Martin Luther King, Jr., Advisory Council" in the introductory paragraph of said Code section. (4) Code Section 50-16-38, relating to all state entities to acquire real property through the State Properties Commission, exceptions, procedure for handling acquisition requests, funds for acquisitions, donations, and conveyance of title, by replacing "All state entities" with "all state entities" in the undesignated text at the end of subsection (a). (5) Code Section 50-17-21, relating to definitions regarding state financing and investment, by deleting obsolete reference "Georgia Building Authority (Penal)," in paragraph (9).

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(6) Code Section 50-17-50, relating to the creation of the State Depository Board, membership, quorum, board to name state depositories, and assignment for administrative purposes, by deleting "referred to in this article as the 'state treasurer,'" which is redundant. (7) Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority regarding public records, by replacing "upon such toll" with "upon any toll" in paragraph (18) of subsection (a). (8) Code Section 50-36-1, relating to verification requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, by revising subsection (e) as follows:
"(e)(1) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:
(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2; and (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating:
(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (ii) 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 providing the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents required by this subsection may be submitted electronically, provided the submission complies with Chapter 12 of Title 10."

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 52-7-8, relating to the classification of vessels and required equipment regarding the registration, operation, and sale of watercraft generally, by revising subsections (k) and (l) as follows:
"(k) Definition. As used in this Code section, the words 'personal flotation device' shall not include flotation devices such as plastic toys, rafts, and other devices used for recreational purposes in or around swimming pools, lakes, or beaches when such devices are easily recognizable as not being designed or intended for use as lifesaving devices. (l) Penalty. Any person who violates this Code section shall be guilty of a misdemeanor."

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Reserved.

SECTION 53.

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 2011 supplements to the Official Code of Georgia Annotated published under authority of the state in 2011 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 2012 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 2012 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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; except that Section 24 and paragraph (2) of Section 29 shall become effective January 1, 2013.

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

Approved May 1, 2012.

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RETIREMENT CODE REVISION; CORRECTIONS.

No. 685 (House Bill No. 944).

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 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 47-2-316, relating to membership in the Employees' Retirement System of Georgia of officers or employees of the Georgia Agricultural Exposition Authority, by replacing "established by Part 8 of Article 7 of Chapter 3 of Title 12" with "established by Chapter 3 of Title 2" in subsection (a).

SECTION 2. In the event of an irreconcilable conflict between a provision of this Act and a provision of another Act enacted at the 2012 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict.

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795

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 1, 2012.

__________

BANKING AND FINANCE ISSUANCE OF NONCASH VALUED SHARES BY BANK OR TRUST COMPANY; DIVIDENDS FROM SOURCES OTHER THAN RETAINED EARNINGS.

No. 686 (House Bill No. 945).

AN ACT

To amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, is amended by revising subsection (a) of Code Section 7-1-415, relating to consideration for shares of a bank or trust company, as follows:
"(a) Except as provided in subsection (b) of this Code section and in the case of a distribution of shares under subsection (e) of Code Section 7-1-488 or incident to a merger, consolidation, or other corporate reorganization or rehabilitation authorized by this chapter, shares of a bank or trust company may be issued only for cash in an amount which shall be at least the aggregate par value of the share, unless otherwise approved by the department with the demonstration of good cause, plus such amounts, if any, necessary to assure that after issuance of the shares the bank or trust company will have the paid-in

796

GENERAL ACTS AND RESOLUTIONS, VOL. I

capital required by Code Section 7-1-411 and, in the case of a new bank or trust company, the expense fund required by Code Section 7-1-396."

SECTION 2. Said article is further amended by revising paragraph (1) of subsection (a) of Code Section 7-1-460, relating to the restrictions on payment of dividends by a bank or trust company, as follows:
"(1) Dividends may be declared and paid in cash or property only out of the retained earnings of the bank or trust company unless otherwise approved in advance by the department on terms consistent with standards of safety and soundness;"

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION INCOME TAXES; EXCEPTION FOR CERTAIN FIDUCIARIES IN PAYING ESTIMATED TAXES; WITHHOLDING TAXES ON TAXABLE INCOME OF CERTAIN ASSOCIATIONS.

No. 687 (House Bill No. 965).

AN ACT

To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; to change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by revising Code Section 48-7-114, relating to payment of estimated income tax, as follows:

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"48-7-114. (a) 'Estimated tax' defined. For purposes of this Code section, the term 'estimated tax' means the amount which the individual estimates as the amount of income tax imposed by Code Section 48-7-20 less the amount which the individual estimates as the sum of credits allowable by law against the tax. (b) Requirement of estimated tax. Except as otherwise provided in subsection (d) of this Code section, every resident individual and every taxable nonresident individual shall file his or her estimated tax for the current taxable year if he or she can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his or her gross income can reasonably be expected to:
(1) Include more than $1,000.00 from sources other than wages as defined in paragraph (10) of Code Section 48-7-100; and (2) Exceed:
(A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his or her spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or (B) Three thousand dollars if the individual is married and living with his or her spouse and expects to claim the full marital exemption. (c) Return as estimated tax. If on or before January 31 of the succeeding taxable year or, in the case of an individual referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing, on or before March 1 of the succeeding taxable year, the taxpayer files a return for the taxable year for which the estimated tax is required and pays in full the amount computed on the return as payable and the estimate is not required to be filed during the taxable year but is required to be filed on or before January 15, then the return shall be considered as the estimate. (d) Exemptions. This Code section shall not apply to an individual in a given tax year if: (1) The sum of the allowable credits shown on the individual's income tax return for the tax year exceeds the individual's tax liability shown on the return before the tax liability is reduced by the amount of the allowable credits; and (2) The individual reasonably expected at the time estimated tax was otherwise required to be filed with respect to the tax year that the conditions of paragraph (1) of this subsection would be met for the tax year. (e)(1) Applicability to fiduciaries. With respect to taxable years beginning on or after January 1, 1988, fiduciaries shall be subject to all requirements of this article in the same manner as individuals, except as provided in paragraph (2) of this subsection. (2) This Code section shall not apply with respect to any taxable year ending before the date two years after the date of the decedent's death in the case of: (A) The estate of such decedent; or (B) A testamentary trust as defined in IRC Section 6654(l)(2)(B)."

798

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said article is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresidents, as follows:
"48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from a nonresident member's share of taxable income sourced to this state, whether distributed or not, except as provided in subsection (c) of Code Section 48-7-24. For purposes of this Code section, the term 'taxable income sourced to this state' means the entity's income allocated or apportioned to Georgia pursuant to Code Section 48-7-31 or as otherwise provided by law. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the nonresident member's share of the taxable income sourced to this state by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section.

GEORGIA LAWS 2012 SESSION

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(3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner. Taxes withheld on a nonresident member's share of the taxable income sourced to this state shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount of the nonresident member's share of the taxable income sourced to this state during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the

800

GENERAL ACTS AND RESOLUTIONS, VOL. I

commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if:
(A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate amount of a nonresident member's share of the taxable income sourced to this state is less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where a nonresident member's share of the taxable income sourced to this state is subject to withholding under other provisions of Georgia law, such amount shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2012.

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

Approved May 1, 2012.

GEORGIA LAWS 2012 SESSION

801

LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; SETTLEMENT AGREEMENTS; COMPENSATION FOR MEDICAL CARE, ARTIFICIAL MEMBERS, AND OTHER TREATMENTS AND SUPPLIES; EFFECT OF REFUSAL OF TREATMENT; EMPLOYER LIABILITY FOR TEMPORARY CARE; APPOINTMENT OF CONSERVATOR; COMPENSATION FOR LOSS OF HEARING.

No. 688 (House Bill No. 971).

AN ACT

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to settlement agreements between parties; to change certain provisions relating to compensation for medical care, artificial members, and other treatment and supplies, effect of employee's refusal of treatment, and employer's liability for temporary care; to change certain provisions relating to the appointment of a conservator for a minor or an incompetent claimant; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (c) of Code Section 34-9-15, relating to procedure for settlement between parties generally, approval by the board, finality of settlement, and lump sum settlement, as follows:
"(c) The board or any party to the settlement agreement may require that the settlement documents contain language which prorates the lump sum settlement over the life expectancy of the injured worker. When such an agreement has been approved, neither the weekly compensation rate paid throughout the case nor the maximum statutory weekly rate applicable to the injury shall apply. No compensation rate shall exceed the maximum statutory weekly rate as of the date of injury. Instead, the prorated rate set forth in the approved settlement documents shall control and become the rate for that case. This subsection shall be retroactive in effect."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said title is further amended by revising subsection (f) of Code Section 34-9-221, relating to procedure, payment controverted by employer, delinquency charge, and enforcement, as follows:
"(f) If income benefits payable under the terms of an award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof, which shall be paid at the same time as, but in addition to, the accrued benefits unless review of the award is granted by the board or unless this nonpayment is excused by the board after a showing by the employer that due to conditions beyond the control of the employer the income benefits could not be paid within the period prescribed."

SECTION 3. Said chapter is further amended by revising Code Section 34-9-226, relating to the appointment of a guardian for a minor or an 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 (1) a conservator duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person or by any court of competent jurisdiction within this state, or (2) a conservator or the equivalent thereof duly appointed by a court of competent jurisdiction outside the State of Georgia. Such 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 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 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; (2) The board may, in its discretion, authorize and appoint a 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 $100,000.00; however, where the natural parent is the guardian of a minor and the settlement amount is less than $15,000.00, no board appointed conservator shall be necessary. After settlement, the board shall retain the authority to resolve disputes regarding continuing

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representation of a board appointed conservator of a minor or legally incompetent person; 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. 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 4. Said chapter is further amended by revising paragraphs (1) and (2) of subsection (b) of Code Section 34-9-264, relating to compensation for loss of hearing caused by harmful noise under workers' compensation, as follows:
"(1) In the evaluation of occupational hearing loss, only the hearing levels at the frequencies of 500, 1,000, 2,000, and 3,000 cycles per second shall be considered. Hearing losses for frequencies below 500 and above 3,000 cycles per second are not to be considered as constituting compensable hearing disability. No consideration shall be given to the question of whether or not the ability of an employee to understand speech is improved by the use of a hearing aid. The board may order the employer to provide the employee with an original hearing aid if it will materially improve the employee's ability to hear; (2) The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of 500, 1,000, 2,000, and 3,000 cycles per second. Pure tone air conduction audiometric instruments, properly calibrated according to accepted national standards such as International Standards Organization (ISO) or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If more than one audiogram is taken, the audiogram having the lowest threshold will be used to calculate occupational hearing loss. If the losses of hearing average 25 decibels or less in the four frequencies, such losses of hearing shall not constitute any compensable hearing disability. If the losses of hearing average 92 decibels or more in the four frequencies, then the same shall constitute and be total or 100 percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the four frequencies shall be added together and divided by four to determine the average decibel loss. For each decibel of loss exceeding 25 decibels an allowance of 1 1/2 percent shall be made up to the maximum of 100 percent which is reached at 92 decibels. In determining the binaural percentage of loss, the percentage of impairment in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of impairment in the poorer ear, and the sum of the two divided by six. The final percentage shall represent the binaural hearing impairment;"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 1, 2012.

__________

MOTOR VEHICLES MODIFY PROVISIONS REGARDING TEMPORARY LICENSE PLATES; MODIFY PROVISIONS
REGARDING MOTOR VEHICLE DECALS; FURNISH MOTOR VEHICLE DRIVER INFORMATION TO DEPARTMENT OF REVENUE TO DETECT FRAUD.

No. 689 (House Bill No. 985).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to modify provisions relating to temporary license plates for motor vehicles; to provide for an extension of time for registration of motor vehicles under certain circumstances; to remove lamination requirements for motor vehicle decals; to provide for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decal, or county decal and storage of unlicensed vehicle, jurisdiction, display of temporary plate, revision and extension of temporary plate, 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.

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(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 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 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 upon application by the dealer, the purchaser, or the transferee 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. 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 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 2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements, extension of registration period, and penalties, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(1)(A) Except as provided in subsection (b) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall register such vehicle as provided in Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation."

SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2-74.1, relating to special motor vehicle decals for persons with disabilities, as follows:

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"(a) The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of a substrate as determined by the commissioner and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a temporarily disabled person, the specific disability that limits or impairs the person's ability to walk, that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221, and a date until which such person is likely to remain disabled. The temporary permit shall show prominently on its face an expiration date the same as the date specified by such doctor for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed with permanent ink and in boldface type of sufficient size to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror."

SECTION 4. Said title is further amended by revising subsection (f) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and the furnishing of information, as follows:
"(f) The department is specifically authorized to disseminate the following records and information:

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(1) To the United States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license or identification card numbers, and dates of birth of licensees or applicants for licenses or applicants for or holders of identification cards issued under this chapter, or, in the case of the United States Selective Service System, any other information from the license or identification card application as necessary for purposes of registration of persons therewith. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. Information transmitted to the United States Selective Service System pursuant to this paragraph shall be provided in an electronic format; (2) To the military branches of the United States Department of Defense, compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months; (3) To the Department of Human Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the 'Child Support Recovery Act'; (4) To a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department; (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and for the purposes set forth in such Code section;
(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voter's identity by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; (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

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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 request in the electronic format required by the council for such purposes and without any charge for such data; and (8) To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns."

SECTION 5. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

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RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; NOTIFICATION BY MEMBER WHO CEASES EMPLOYMENT AS PEACE OFFICER; CESSATION OF MEMBERSHIP.

No. 690 (House Bill No. 987).

AN ACT

To amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall

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have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, is amended by adding a new Code section to read as follows:
"47-17-105. If at any time a member of the fund undergoes a change of employment to a position that does not qualify the member as a 'peace officer' as such term is defined in this chapter, or if his or her job description changes in a manner that is inconsistent with such definition, such member shall have an affirmative duty to notify the board of such change immediately. The board is not authorized to accept membership dues from any such member or to pay benefits calculated on service after such a change of employment or job description."

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

Approved May 1, 2012.

__________

LOCAL GOVERNMENT MUNICIPAL CORPORATIONS; REVISE PROVISIONS REGARDING MUNICIPAL CONTROL OVER CERTAIN PARKS AND FIRE STATIONS; REVISE PROVISIONS REGARDING SPECIAL DISTRICTS, AUDIT INFORMATION, AND DISTRIBUTION OF EXCESS PROCEEDS FROM SPECIAL DISTRICT TAXES, FEES, AND ASSESSMENTS.

No. 691 (House Bill No. 990).

AN ACT

To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds

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from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by revising Code Section 36-31-11.1, relating to municipal control over parks and fire stations, as follows:
"36-31-11.1. (a) As used in this Code section, the term:
(1) 'County' means a county in which a tax is being levied and collected for purposes of a metropolitan area system of public transportation. (2) 'Fire station' means any property or facility that is located wholly within the territory of a qualified municipality, owned by the county or subject to a lease-purchase or installment sale arrangement by the county, and used by the county as of the date immediately prior to the date the local Act incorporating a qualified municipality became law to provide fire protection services authorized by Article IX, Section II, Paragraph III(a)(1) of the Constitution. Such term shall include any buildings, fixtures, or other improvements on such property or in such facilities. (3) 'Park' means any property or facility that is located wholly within the territory of a municipality, including but not limited to athletic fields, athletic courts, recreation centers, playgrounds, swimming pools, arts centers, historical properties, and adjacent greenspace, owned by the county, or subject to a lease-purchase or installment sale arrangement by the county and used by the county as of the date immediately prior to the date the local Act incorporating a qualified municipality became law to provide any services authorized by Article IX, Section II, Paragraph III(a)(5) of the Constitution or to provide any services authorized by Article IX, Section II, Paragraph III(a)(10) of the Constitution. Such term shall include any buildings, fixtures, or other improvements on such property or in such facilities. (4) 'Qualified municipality' means any new municipality located in a county and created by local Act which becomes law on or after January 1, 2008. (b) A qualified municipality that succeeds to the control of local government services pursuant to Article IX, Section II, Paragraph III(a) of the Constitution may take control of and hold title to parks and fire stations as a trustee or agent for the public. (c)(1) A qualified municipality located within a county which has a special district for the provision of fire services shall continue to be part of such special fire district where the local Act creating such qualified municipality so provides or where the governing authority of the qualified municipality elects by formal resolution to continue to be part of the special fire district and delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted.

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(2) If a qualified municipality initially elected to remain in a fire services special district, such municipality shall be removed from such fire services special district by adopting a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county. The fire services shall be discontinued by the county on the first day of the next fiscal year of the county that begins at least 180 days after the specified notice is received by the county. (d) A qualified municipality located within a county that charges fees on a periodic basis for the provision of water or sewer services, or both, may elect to continue receiving such services for the same fees charged residents in the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted. (e) The county shall not convey, otherwise encumber, move any fixtures or buildings, or enter into or renew any contractual obligations with respect to any park or fire station located in the qualified municipality. The governing authority of the county shall assign to the governing authority of the qualified municipality all of its right, title, and interest in any executory contract in effect on any park or fire station that the qualified municipality elects to purchase as provided in this Code section. Such assignment shall be effective on the date the municipality assumes ownership of any such park or fire station or as otherwise may be agreed between the governing authority of the municipality and the governing authority of the county. (f) A municipality may elect to purchase parks within the territory of the municipality from the county in which the municipality is located. Notwithstanding any other law to the contrary, whenever a municipality elects to purchase any such parks, the governing authority of the municipality shall provide written notice to the governing authority of the county specifying the parks to be purchased and the date or dates the municipality will assume ownership of such parks; the purchase price for such parks shall be $100.00 per acre. Such notice shall be provided for each such park no less than 30 days prior to the date the municipality intends to assume ownership. (g) Upon the payment of the purchase price, all of the county's right, title, and interest in the parks that the municipality elects to purchase shall be transferred to the governing authority of the municipality. Such transfer shall be effective on the date the municipality intends to assume ownership of such parks and as stated in the notice given pursuant to subsection (f) of this Code section. The governing authority of the county shall transfer, execute, and deliver to the governing authority of the municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Notwithstanding any provision in any property deed or law to the contrary, a municipality may purchase a park from the county without permission of the state and may use such park for all purposes for which the county was authorized under such deed or law.

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(h) In the event a park is transferred by a county to a municipality under this Code section, the municipality shall be prohibited from imposing or collecting user fees from residents of the county in excess of the amount of such fees imposed or collected from residents of the municipality. (i) Where residents of a municipality are required pursuant to Code Section 36-31-11 to continue to pay taxes for the purpose of retiring any special district debt created by the issuance of bonds by the county on behalf of the special district for the purpose of improving parks and the municipality elects to purchase any such park pursuant to this Code section, the county shall transfer to the municipality as an agent of the special district the portion of the bond proceeds that the county planned to spend on such park at the time of the referendum on the bonds, based upon any statements of intention or representations concerning use of the bond proceeds by the governing authority of the county. Such amount shall be determined based on county resolutions and any attachments thereto, staff recommendations, or similar documents presented at the time of passage of a resolution, county records, and any public statements or representations made by county managers, representatives, officials, or their agents as to the amount that would be spent on such park in order to solicit voter support for the referendum; provided, however, that the amount to be transferred by the county to the municipality shall be reduced by any amount spent by the county to improve such park prior to the date of the municipality's notice of its election to purchase the park as provided in subsection (f) of this Code section. The transfer shall be due within 30 days after the municipality assumes ownership of any such park. The municipality shall be required to expend any such funds for and on behalf of the special district in a manner consistent with the purpose and intent of the issuance of the bonds. (j) A qualified municipality may elect to purchase one or more fire stations from the county in which it is located. Notwithstanding any other law to the contrary, whenever a qualified municipality elects to purchase a fire station from the county, the governing authority of the qualified municipality shall provide written notice to the governing authority of the county specifying the fire station to be purchased and the date or dates the qualified municipality will assume ownership of such fire station. Such notice shall be provided with respect to each such property no less than 30 days prior to the date the qualified municipality intends to assume ownership of the fire station.
(k)(1) Except as otherwise provided in paragraph (2) of this subsection, if a qualified municipality elects to purchase a fire station that serves only territory wholly within the qualified municipality, the purchase price shall be $5,000.00 for each such fire station. (2) If the county uses a fire station to serve an area located outside the qualified municipality, the purchase price for each such fire station shall be $5,000.00 plus an additional amount determined as provided in this paragraph. Such additional amount shall be the product of the fair market value of such fire station multiplied by the percentage of the total service area of such fire station which is located outside of the corporate limits of the qualified municipality. If the portion served outside the qualified municipality exceeds 20 percent of the total service area, then from the date the qualified

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municipality assumes ownership of such fire station, the qualified municipality shall be obligated to offer to lease the fire station back to the county for a period not to exceed two years for an amount of $10.00 for the lease period. (l) If a county and municipality fail to reach an agreement on the amount to be paid or any related matter under this Code section, either the county or the municipality may petition the superior court to seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 36-31-12, relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments, as follows:
"(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on or after May 14, 2008:
(A) Excess proceeds derived from the collection of any special district taxes, fees, and assessments or from any earnings thereon remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district; and the county shall continue to make such disbursements for so long as such excess proceeds continue to be received. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on or after May 14, 2008: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments or from any earnings thereon; and

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(B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district; and the county shall continue to make such disbursements for so long as such excess proceeds continue to be received. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality."

SECTION 3. This Act shall not be applied to impair any obligation of contract entered into prior to the date this Act becomes effective.

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

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

Approved May 1, 2012.

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COURTS SHERIFFS; VACANCIES.

No. 692 (House Bill No. 991).

AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; 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 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by revising Code Section 15-16-8, relating to how vacancies are filled, as follows:
"15-16-8. (a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled by the chief deputy sheriff if a chief deputy has been appointed. In any county in which a chief deputy sheriff has not been appointed, the probate judge shall, within three days of the vacancy, appoint a qualified person to serve as the interim sheriff.
(b)(1) If less than six months of the sheriff's term of office remains at the time the vacancy occurs, the chief deputy sheriff or the interim sheriff, as the case may be, shall hold office for the unexpired term of the sheriff. (2) If more than six months of the sheriff's term of office remains at the time the vacancy occurs, the election superintendent for the county shall call a special election to fill such vacancy. Such official shall give notice in one or more of the public newspapers of the county, if any; in the official legal organ of the county; at the courthouse; and at three or more of the most public places of the county at least 30 days prior to the date of such special election. Such special election shall be held at the next available special election date provided in Code Section 21-2-540 that is at least 60 days after the date the vacancy occurred. The person elected at such special election shall hold office for the unexpired term. The election shall be conducted in accordance with Chapter 2 of Title 21. (c) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section."

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

Approved May 1, 2012.

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BUDGET COMMISSION IN CERTAIN COUNTIES REVISE POPULATION BRACKET.

No. 693 (House Bill No. 1024).

AN ACT

To amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; 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. An Act providing for a budget commission in certain counties, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, is amended by striking therefrom wherever the same shall appear the figure "600,000" and inserting in lieu thereof the figure "900,000", and by striking therefrom wherever the same shall appear "census of 1930" and inserting in lieu thereof "United States decennial census of 2010" so that said Act, as amended, when amended by this Act, shall be applicable only to counties having a population of 900,000 or more according the United States decennial census of 2010 or any future such census.

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

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

Approved May 1, 2012.

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COURTS AUTHORIZATION OF LAW ENFORCEMENT CONTRACTS WITH CERTAIN MUNICIPALITIES; REVISE POPULATION BRACKET.

No. 694 (House Bill No. 1026).

AN ACT

To amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, is amended by revising subsection (f) as follows:
"(f) This Code section shall not apply to any county of 900,000 population or more according to the United States decennial census of 2010 or any future such census."

SECTION 2. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

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819

CIVIL PRACTICE COURTS SERVICE OF PROCESS; WHO MAY SERVE; FILING FEES FOR APPLICATIONS FOR CERTIFIED PROCESS SERVERS.

No. 695 (House Bill No. 1048).

AN ACT

To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to who may serve process; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, so as to provide for filing fees for applications for certified process servers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, is amended by revising subsection (c) as follows:
"(c) Summons -- By whom served. Process shall be served by: (1) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (2) The marshal or sheriff of the court or by such official's deputy; (3) Any citizen of the United States specially appointed by the court for that purpose; (4) A person who is not a party, not younger than 18 years of age, and has been appointed by the court to serve process or as a permanent process server; or (5) A certified process server as provided in Code Section 9-11-4.1.
Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."

SECTION 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, is amended by adding a new subsection to read as follows:
"(p) Notwithstanding any provision of this Code section to the contrary, the filing fee for an application to be appointed as a certified process server pursuant to paragraph (2) of subsection (h) of Code Section 9-11-4.1 shall be $58.00."

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

Approved May 1, 2012.

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PUBLIC UTILITIES GEORGIA EMERGENCY TELEPHONE NUMBER 9-1-1 SERVICE ACT OF 1977; REVISE APPLICABILITY AND REQUIREMENTS;
REQUIRE VOICE OVER INTERNET PROTOCOL SERVICE SUPPLIERS REGISTER; REVISE SUBSCRIBER BILLING AND LIABILITY AND USE OF PROCEEDS OF EMERGENCY TELEPHONE SYSTEM FUND; NOTICES OF DELINQUENCY.

No. 696 (House Bill No. 1049).

AN ACT

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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to change certain provisions relating to subscriber billing and liability and the use of proceeds in the Emergency Telephone System Fund; to provide for notices of delinquency to be sent by the director 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. 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 paragraph (12.1) of Code Section 46-5-122, relating to definitions, as follows:
"(12.1) 'Prepaid wireless service' means any method where a telephone subscriber pays in advance for a wireless telecommunications connection:
(A) That is sold in predetermined units or dollars: (i) The number of which declines with use in a known amount; and (ii) Which expire without an additional retail purchase of units or dollars;
(B) That is not offered in conjunction with other communications services for which the terms permit payment in arrears; and

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(C) The charges for which are: (i) Not billed to any telephone subscriber or other person; or (ii) Not provided to a telephone subscriber or other person in a monthly statement.
Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a call, or an Internet transaction."

SECTION 2. Said part is further amended by revising Code Section 46-5-124.1, relating to the requirement that service suppliers register certain information with the director of emergency management, updating certain information, and notices of delinquency, as follows:
"46-5-124.1. (a) Any service supplier or Voice over Internet Protocol 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 or Voice over Internet Protocol 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 or Voice over Internet Protocol 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 or Voice over Internet Protocol 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 or Voice over Internet Protocol service supplier is authorized to provide telephone service in Georgia. (b) After the initial submission by each service supplier or Voice over Internet Protocol service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service supplier or Voice over Internet Protocol service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsection (b) of this Code section."

SECTION 3. Said part is further amended by revising subsection (e) of Code Section 46-5-134, relating to subscriber billing and liability, taxes on service, establishment of and the use of proceeds in the Emergency Telephone System Fund, and records, as follows:
"(e)(1) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 9-1-1 services. (2) A wireless service supplier shall not be authorized to recover any costs under paragraph (1) of this subsection with respect to any prepaid wireless services."

SECTION 4. Said part is further amended by revising Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, 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 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) Reserved. (6) 'Provider' means a person that provides prepaid wireless service pursuant to a license issued by the Federal Communications Commission. (7) 'Retail transaction' means the purchase of prepaid wireless service from a seller for any purpose other than resale. (8) 'Seller' means a person who sells prepaid wireless service to another person. (9) 'Wireless telecommunications service' means commercial mobile radio service as defined by 47 C.F.R. Section 20.3, as amended.

GEORGIA LAWS 2012 SESSION

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(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 per retail transaction. Imposition of the charge authorized by this Code section by a county or municipality shall be 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 prepaid wireless 9-1-1 charge as authorized by paragraph (1) of subsection (b) of this Code section, or the prepaid wireless 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 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)(1) If a minimal amount of prepaid wireless 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.

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(2) If a minimal amount of prepaid wireless service is separately priced and sold as part of a single retail transaction that does not contain a prepaid wireless device or another prepaid wireless service, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. (3) 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 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 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 December 31 of the year prior to the first year that the prepaid wireless 9-1-1 charge is imposed, each county and municipal corporation levying the prepaid wireless 9-1-1 charge, including counties and municipalities levying the prepaid wireless 9-1-1 charge 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 prepaid wireless 9-1-1 charge 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 on June 30 times a fraction, the numerator of which is the population of the jurisdiction or jurisdictions operating the public safety answering

GEORGIA LAWS 2012 SESSION

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point and the denominator of which is the total population of this state. An amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending on 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 to 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; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(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 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 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 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 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 service."

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

Approved May 1, 2012.

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ALCOHOL STAGGERED RENEWAL DATES FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES; DECLARE CERTAIN DISTILLED SPIRITS CONTRABAND; ANNUAL OCCUPATIONAL LICENSE TAX ON SPECIAL EVENT APPLICANTS.

No. 697 (House Bill No. 1066).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to alcoholic beverage licenses; to provide for staggered renewal dates for certain licenses; to declare certain distilled spirits to be contraband if not acquired from certain licensees; to establish an annual occupational license tax upon special event applicants; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-2-7, relating to the expiration and renewal of licenses generally, continuation of operations by licensee pending final approval or disapproval of application for renewal, penalty for late application for renewal, and temporary permits, as follows:
"3-2-7. (a)(1) Except as otherwise specifically provided in paragraph (2) of this subsection or elsewhere in this title, all licenses issued pursuant to this title shall expire on December 31 of each year and application for renewal shall be made annually on or before November 1. (2) On and after July 1, 2013, licenses for retailers and retail dealers shall be issued for a 12 month period to be determined by the commissioner and provided by regulation. Applications for renewal of licenses for retailers and retail dealers shall be made not less than 60 nor more than 90 days prior to expiration.
(b) Any licensee making proper application, with all supporting documents, for a license to operate during the following year and having filed the application prior to the renewal date specified in subsection (a) of this Code section shall be permitted to continue to operate pending final approval or disapproval of the licensee's application for the following year if final approval or disapproval is not granted prior to the day in which the license is

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GENERAL ACTS AND RESOLUTIONS, VOL. I

set to expire. The effective date and the expiration date of the license shall be clearly marked on the license. (c) Any person holding any license issued pursuant to this title who fails to file a proper application for a similar license for the following year, with the proper fee accompanying the application, on or before the renewal date specified in subsection (a) of this Code section and who files an application after such date shall be required to pay, in addition to the license taxes imposed by this title, an additional amount equal to one-half the amount required for the license for which application is made. (d) Persons making initial applications for licenses issued pursuant to this title, after properly filing all required documents, including a valid local license, may be authorized by the commissioner to operate pursuant to a temporary permit which shall be issued under such regulations and in such form as the commissioner may deem appropriate. No right or property shall vest in any applicant by virtue of the issuance of such permit. The commissioner may impose a prelicense investigative fee upon persons making initial application for licenses issued pursuant to this title, which fee shall not exceed $100.00. No such fee shall be refundable."

SECTION 2. Said title is further amended by revising Code Section 3-4-20, relating to the levy and amount of state occupational license tax, as follows:
"3-4-20. (a) An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows:
(1) Upon each distiller and manufacturer. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00
(2) Upon each wholesale dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00
(3) Upon each importer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00
(4) Upon each fruit grower. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00
(5) Upon each broker.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
(6) Upon each retail dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (7) Upon each special event use permit applicant . . . . . . . . . . . . . . . . . . . . 100.00
(b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated."

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SECTION 3. Said title is further amended by revising Code Section 3-4-111, relating to sale by wholesalers to licensees and purchases by licensees from wholesalers, as follows:
"3-4-111. (a) Those persons who are duly licensed as wholesalers of distilled spirits under this title may sell distilled spirits at wholesale prices to any person or persons licensed as provided in this article. Persons licensed under this article may purchase distilled spirits from a licensed wholesaler at wholesale prices. (b) Any distilled spirits possessed, sold, or offered for sale by a retail dealer or retail consumption dealer which are purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter are declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title."

SECTION 4. Said title is further amended by revising Code Section 3-4-111.1, relating to occupational license tax upon retail consumption dealers and bond required of applicants for a retail consumption dealer's license, as follows:
"3-4-111.1. (a) An annual occupational license tax in the amount of $100.00 is imposed upon each retail consumption dealer in this state. (b) The annual occupational license tax shall be paid for each place of business operated. An application for a retail consumption dealer's license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated."

SECTION 5. Said title is further amended by revising Code Section 3-5-20, relating to levy and amount of state occupational license tax, as follows:
"3-5-20. (a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:
(1) Upon each brewer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00

(2) Upon each wholesale dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(3) Upon each importer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(4) Upon each broker.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Upon each retail dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(6) Upon each brewpub operator.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 (7) Upon each special event use permit applicant.. . . . . . . . . . . . . . . . . . . . 50.00
(b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated."

SECTION 6. Said title is further amended by revising Code Section 3-6-20, relating to levy and amount of tax, as follows:
"3-6-20. (a) An annual occupational license tax is imposed upon each winery, manufacturer, broker, importer, wholesaler, and retail dealer of wine in this state, as follows:
(1) Upon each winery and manufacturer. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00

(2) Upon each wholesale dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(3) Upon each importer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(4) Upon each broker.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(5) Upon each retail dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Upon each special event use permit applicant.. . . . . . . . . . . . . . . . . . . .

50.00 50.00

(b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated."

SECTION 7. Said title is further amended by adding a new chapter to read as follows:

"CHAPTER 14

3-14-1. The commissioner may issue a special event use permit for the sale of alcoholic beverages for certain events which would otherwise require a retailer or retail dealers license. The commissioner shall specify by rule or regulation the events that shall qualify for a special

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event use permit; provided, however, that estate sales, the sale of inventory authorized under a bankruptcy proceeding, and activities that are similar in nature shall so qualify. Such permit shall not be valid for more than ten days."

SECTION 8. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

__________

REVENUE AND TAXATION STATE GOVERNMENT REVISE EXCISE TAXATION OF TOBACCO PRODUCTS; HEARINGS BY DEPARTMENT OF REVENUE REGARDING TOBACCO INCLUDED UNDER ADMINISTRATIVE PROCEDURE ACT.

No. 698 (House Bill No. 1071).

AN ACT

To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, so as to revise a definition to include hearings related to tobacco within its meaning; 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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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising Code Section 48-11-1, relating to definitions relative to taxes on tobacco products, as follows:
"48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. Such term shall include a little cigar. (2) 'Cigar dealer' means any person located within the borders of this state who sells or distributes cigars to a consumer in this state. (3) 'Cigar distributor' means any person, whether located within or outside the borders of this state, other than a cigar dealer, who sells or distributes cigars within or into the boundaries of this state and who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigar dealers; and (B) Is engaged in the business of:
(i) Importing cigars into this state or purchasing cigars from other cigar manufacturers or cigar distributors; and (ii) Selling the cigars to cigar dealers in this state for resale but is not in the business of selling the cigars directly to the ultimate consumer of the cigars. (4) 'Cigar importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigar for sale or distribution. (5) 'Cigar manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigar. (6) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (7) 'Cigarette dealer' means any person located within the borders of this state who sells or distributes cigarettes to a consumer in this state. (8) 'Cigarette distributor' means any person, whether located within or outside the borders of this state, other than a cigarette dealer, who sells or distributes cigarettes within or into the boundaries of this state and who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigarette dealers; and (B) Is engaged in the business of: (i) Importing cigarettes into this state or purchasing cigarettes from other cigarette manufacturers or cigarette distributors; and (ii) Selling the cigarettes to cigarette dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or cigarette importer with a valid permit under 26 U.S.C. Section 5712, if such person sells or distributes cigarettes in this state only to cigarette distributors who hold valid and

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current licenses under Code Section 48-11-4 or to an export warehouse proprietor or another cigarette manufacturer with a valid permit under 26 U.S.C. Section 5712. (9) 'Cigarette importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigarette for sale or distribution. (10) 'Cigarette manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette. (11) 'Counterfeit cigarette' means cigarettes that are manufactured, fabricated, assembled, processed, packaged, or labeled by any person other than the trademark owner of a cigarette brand or the owner's designated agent. (12) 'Dealer' means any person who is a cigar dealer, a cigarette dealer, or a loose or smokeless tobacco dealer. (13) 'Distributor' means any person who is a cigar distributor, a cigarette distributor, or a loose or smokeless tobacco distributor. (14) 'First transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, or loose or smokeless tobacco within this state. (15) 'Little cigar' means any cigar weighing not more than three pounds per thousand. (16) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes or cigars by cigarette manufacturers or cigar manufacturers. (17) 'Loose or smokeless tobacco dealer' means any person located within the borders of this state who sells or distributes loose or smokeless tobacco to a consumer in this state. (18) 'Loose or smokeless tobacco distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on loose or smokeless tobacco dealers; and (B) Is engaged in the business of:
(i) Importing loose or smokeless tobacco into this state or purchasing loose or smokeless tobacco from other loose or smokeless tobacco manufacturers or loose or smokeless tobacco distributors; and (ii) Selling the loose or smokeless tobacco to loose or smokeless tobacco dealers in this state for resale but is not in the business of selling the loose or smokeless tobacco directly to the ultimate consumer of the loose or smokeless tobacco. (19) 'Loose or smokeless tobacco importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished loose or smokeless tobacco for sale or distribution.

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(20) 'Loose or smokeless tobacco manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished loose or smokeless tobacco. (21) 'Related machinery' means any item, device, conveyance, or vessel of any kind or character used in manufacturing, packaging, labeling, stamping, transporting, distributing, selling, or possessing counterfeit cigarettes. (22) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (23) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (24) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco."

SECTION 2. Said chapter is further amended by revising Code Section 48-11-2, relating to excise taxes, rate on tobacco products, the retail selling price before the addition of tax, exemptions, collection and payment on the first taxable transaction, distributors, taxes separately identified, and collection, as follows:
"48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars: two and one-half mills each; (2) All cigars other than little cigars: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages; and (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied on the purchase or use of cigars, cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed on cigars, cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home.

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(d) The taxes imposed by this chapter are not levied on cigars, cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the dealer or distributor licensed pursuant to this chapter to the commissioner for deposit and distribution as provided in this chapter upon the first transaction within this state, whether or not the transaction involves the ultimate purchaser or consumer. The licensed dealer or distributor shall collect the tax on the first transaction within this state from the purchaser or consumer, and the purchaser or consumer shall pay the tax to the dealer or distributor. The dealer or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, cigarettes, or loose or smokeless tobacco is shipped from outside this state to anyone other than a distributor, the person receiving the cigars, cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. No tobacco products shall be received in, sold in, or shipped into this state unless lawfully obtained from a person licensed pursuant to this chapter or from an importer with a valid permit issued pursuant to 26 U.S.C. Section 5712. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, cigarettes, or loose or smokeless tobacco. (g) The cigars, cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigars, cigarettes, or loose or smokeless tobacco."

SECTION 3. Said chapter is further amended by revising Code Section 48-11-4, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation of licenses, the registration and inspection of vending machines, bond, jurisdiction, and licensing of promotional activities, as follows:
"48-11-4. (a) No person shall engage in or conduct the business of manufacturing, importing, brokering, purchasing, selling, consigning, vending, dealing in, shipping, receiving, or distributing cigars, cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses and for other purposes of enforcing this chapter. The commissioner may refuse to issue any license under this chapter when the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the

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information submitted in any application or report is false or misleading and is not given in good faith. (c) The annual renewal fee for a manufacturer's, importer's, or distributor's or dealer's license shall be $10.00. There shall also be a first year registration fee of $250.00 for a person commencing business as a manufacturer, importer, or distributor. All renewal applications shall be filed at least 30 days in advance of the expiration date shown on the license.
(1) Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. (2) Each dealer's license shall be valid for 12 months beginning on the date of issue for the initial license, and the first day of the month of issue for subsequent licenses, and shall expire on the last day of the month preceding the month in which the initial license was issued. Any dealer licensed under the provisions of this Code section who is also licensed under Chapter 2 of Title 3 to sell alcoholic beverages may, upon written request to the commissioner, arrange to have both licenses renewed on the same date each year. Any dealer that follows the proper procedure for a renewal of his or her license, including filing the application for renewal at least 30 days in advance of the expiration date of his or her existing license, shall be allowed to continue operating as a dealer under the existing license until the commissioner has issued the new license or denied the application for renewal. (3) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, cigarettes, loose or smokeless tobacco, and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $10.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that all cigars, cigarettes, loose or smokeless tobacco, and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The manufacturer's, importer's, distributor's, or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed manufacturer, importer, or distributor to file with the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the manufacturer's, importer's, or distributor's duties and the discharge of

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the manufacturer's, importer's, or distributor's liabilities under this chapter. The bond shall run concurrently with the manufacturer's, importer's, or distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the manufacturer's, importer's, or distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. For the purpose of enforcement of this chapter and the rules and regulations promulgated under this chapter, notwithstanding any other provision of law, the commissioner or his or her duly appointed hearing officer is granted authority to conduct hearings which shall at all times be exercised in conformity with rules and regulations promulgated by the commissioner and consistent with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually."

SECTION 4. Said chapter is further amended by revising Code Section 48-11-10, relating to monthly reports of licensed distributors, contents, and authority to require reports from common carriers, warehousemen, and others, as follows:
"48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner disclosing:
(1) The quantity of cigars, cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as the commissioner deems necessary for the proper administration of this chapter, including, but not limited to, reports from common carriers and warehousemen with respect to cigars, cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state.

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(c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $25.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties."

SECTION 5. Said chapter is further amended by revising Code Section 48-11-11, relating to record-keeping requirements for tobacco products, as follows:
"48-11-11. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars, cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The original records or a complete and legible photocopy or electronic image shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and the commissioner's authorized agents. The commissioner and the commissioner's authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, cigarettes, or loose or smokeless tobacco in or upon any premises, including, but not limited to, public and private warehouses where the cigars, cigarettes, or loose or smokeless tobacco is possessed, stored, or sold. Invoices sufficient to cover current inventory at a licensed location shall be maintained at that licensed location and made available for immediate inspection. All other records may be kept at a locality other than the licensed location and shall be provided for inspection within two business days after receipt of notification from the commissioner or an authorized agent of the commissioner to make such records available. (b) The commissioner and his or her authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this chapter are properly observed."

SECTION 6. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 48-11-13, relating to a tax on persons having tobacco products on which certain taxes have not been paid, as follows:
"(4) Cigarettes or little cigars in an amount not exceeding 200 cigarettes or little cigars which have been brought into the state on the person;"

SECTION 7. Said chapter is further amended by revising Code Section 48-11-18, relating to the procedure for hearing by persons aggrieved by actions of commissioner, initiation of hearings by the

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commissioner, production of evidence, appeals, bond, and grounds for not sustaining the commissioner's action, as follows:
"48-11-18. (a) Any person aggrieved by any action of the commissioner or the commissioner's authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on the commissioner's own initiative and require the taxpayer or any other person whom the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars, cigarettes, or loose or smokeless tobacco which has escaped taxation to appear before the commissioner or the commissioner's duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information. (b) Any person aggrieved because of any final action or decision of the commissioner, after hearing, may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and shall be served and returned in the same manner as required in the case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the state, with surety, conditioned to prosecute the appeal and to effect and comply with the orders and decrees of the court. The action of the commissioner shall be sustained unless the court finds that the commissioner misinterpreted this chapter or that there is no evidence to support the commissioner's action. If the commissioner's action is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the court. No costs of any appeal shall be taxed against the state."

SECTION 8. Said chapter is further amended by revising Code Section 48-11-22, relating to the transportation of unstamped tobacco products, the requirement of invoices or delivery tickets, contents, confiscation and disposition absent invoice or ticket, and penalties, as follows:
"48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in such person's actual possession invoices or delivery tickets for the cigars, cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity

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and brands of the cigars, cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, cigarettes, or loose or smokeless tobacco is being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $50.00 for each individual carton of little cigars or cigarettes, $50.00 for each individual box of cigars, and $50.00 for each individual container of loose or smokeless tobacco being transported by such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only to the transportation of more than 200 cigarettes, more than 200 little cigars, more than 20 cigars, or more than six containers of loose or smokeless tobacco."

SECTION 9. Said chapter is further amended by revising Code Section 48-11-23, relating to penalties for transporting unstamped tobacco products, as follows:
"48-11-23. (a) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to transport cigars, cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22. (b) Any person who violates Code Section 48-11-22, with the intent to evade the tax imposed by this chapter, shall, upon conviction, be subject to the following punishments:
(1) If such person is transporting more than 20 but fewer than 60 cigars, more than 200 but fewer than 600 cigarettes or little cigars, or more than six but fewer than 18 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor; (2) If such person is transporting 60 or more but fewer than 200 cigars, 600 or more but fewer than 2,000 cigarettes or little cigars, or 18 or more but fewer than 60 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (3) If such person is transporting 200 or more cigars, 2,000 or more cigarettes or little cigars, or 60 or more containers of loose or smokeless tobacco, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than three years nor more than ten years."

SECTION 10. Said chapter is further amended by revising Code Section 48-11-24, relating to penalties for possession of unstamped tobacco products, penalties for operation of an unlicensed business or activity, procedure for enforcement and collection of penalties, and costs and expenses, as follows:

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"48-11-24. (a) Any person who possesses unstamped cigarettes or nontax-paid cigars, or little cigars, or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $50.00 for each individual carton of unstamped cigarettes and $50.00 for each individual nontax-paid carton of little cigars, box of cigars or container of loose or smokeless tobacco in his or her possession. (b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after the person's license has been revoked or during a suspension of the license shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to imprisonment for up to 12 months, a fine of not more than $5,000.00, or both. Each day that the business is engaged in or conducted shall be deemed a separate offense. (c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in the commissioner's favor. If the judgment is for the defendant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter."

SECTION 11. Said chapter is further amended by revising Code Section 48-11-26, relating to failure to file a report or a filing false report, as follows:
"48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to:
(1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations; or (2) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 for each separate offense."

SECTION 12. Said chapter is further amended by revising Code Section 48-11-28, relating to cigars and cigarettes and offenses relating to counterfeit stamps or tampering with metering machines, as follows:

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"48-11-28. (a) With respect to this chapter, it shall be unlawful for any person to:
(1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the commissioner; (2) Cause or procure a violation of paragraph (1) of this subsection to be done; (3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counterfeited stamp; (4) Knowingly possess any false, altered, forged, or counterfeited stamp; (5) For the purpose of evading the tax imposed, use more than once any stamp required by this chapter; or (6) Tamper with or cause to be tampered with any metering machine authorized to be used. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than three years nor more than ten years."

SECTION 13. Said chapter is further amended by revising Code Section 48-11-29, relating to cigars and cigarettes and false swearing or giving false testimony, as follows:
"48-11-29. Reserved."

SECTION 14. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, is amended by revising paragraph (1) as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages, tobacco, or bona fide coin operated amusement machines or any violations relating thereto; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:

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(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."

SECTION 15. This Act shall become effective January 1, 2013.

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

Approved May 1, 2012.

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CONSERVATION AND NATURAL RESOURCES HEALTH REVENUE AND TAXATION SOLID WASTE MANAGEMENT; COMPLIANCE DATE CHANGES; REPORTING AND SUSPENSION OF SERVICE BY PRIVATE WATER SUPPLIERS USING WASTE-WATER SEWERS OF COUNTIES, MUNICIPALITIES, OR AUTHORITIES; HAZARDOUS WASTE SITES; GRACE PERIOD FOR PURCHASERS AND AUTOMATIC LIABILITY LIMITATIONS; ASSESSMENT OF BROWNFIELD PROPERTY.

No. 699 (House Bill No. 1102).

AN ACT

To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend a compliance date; to amend Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, so as to provide for uniformity; to amend Part 5 of Article 3 of Chapter 5 of Title 12, relating to public water systems, so as to require private water suppliers utilizing a waste-water sewer system owned or operated by a county, municipality, or local authority to transmit customer water consumption data to such county, municipality,

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or local authority; to require private water suppliers to suspend water supply to customers who have failed to pay charges for use of the waste-water sewer system; to provide for exemptions; to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; 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 extend the preferential assessment of brownfield property 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. Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended in Code Section 12-5-179, relating to permits and performance bonds for operation of public water systems, by adding a new subsection to read as follows:
"(h)(1) Any privately owned public water supplier within this state supplying water to customers who, incidental to the purchase of such water, utilize a waste-water sewer system owned or operated by a county, municipality, or local authority to dispose of or discharge the water purchased shall furnish to such political subdivision the amount of water consumed by each individually metered customer account during each billing period. (2) Upon receiving notice from a county, municipality, or local authority described in paragraph (1) of this subsection that a customer has failed to timely pay any charges for the use of the waste-water sewer system, the private water supplier shall, within five business days of such notice, suspend water supply to that customer. The water supply to such customer shall remain suspended until such political subdivision notifies the water supplier to resume water service. The private water supplier shall be authorized to charge a reasonable fee to the customer for the cost of suspension or resumption of water service. (3) Nothing in this subsection shall abrogate the provisions of Code Section 36-60-17. (4) The requirements of this subsection shall not apply to submetered multifamily, multi-industrial, or multicommercial properties."

SECTION 1A. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, is amended in Code Section 12-8-41, relating to permitting of land disposal sites, by replacing "2012" with "2014" wherever the former occurs.

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SECTION 1B. Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, is amended by replacing "2012" with "2014" wherever the former occurs.

SECTION 1C. Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, is amended by revising paragraph (6) of subsection (b) of Code Section 12-8-202, relating to definitions, as follows:
"(6) 'Prospective purchaser' means a person who intends to purchase a property where there is a preexisting release or a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring title to a property where there is a preexisting release."

SECTION 2. Said article is further amended by revising subsection (c) of Code Section 12-8-208, relating to exceptions to limitation of liability, as follows:
"(c) The limitation of liability provided by this article shall automatically inure to the benefit of heirs, assigns, successors in title, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person who has contributed or is contributing to a release at the qualifying property; and provided, further, that a transfer of the title to the qualifying property or any portion thereof from the prospective purchaser to any other party deemed to be a person who has contributed or is contributing to a release at the property, to any person disqualified from obtaining a limitation of liability under Code Section 12-8-206, or back to the owner of the property from which the subject property was purchased shall terminate any limitation of liability applicable to the transferor under this article."

SECTION 3. 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 subparagraph (F) of paragraph (3) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, as follows:
"(F) Fair market value of 'brownfield property' as such term is defined in subsection (a) of Code Section 48-5-7.6 means:
(i) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the first ten years in which the property is classified as 'brownfield property,' or as this period of preferential assessment may be extended pursuant to subsection (o) of Code Section 48-5-7.6, the value equal to the lesser of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county

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tax digest at the time application was made to the Environmental Protection Division of the Department of Natural Resources for participation under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended; and (ii) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the eleventh and following years, or at the end of any extension of this period of preferential assessment pursuant to subsection (o) of Code Section 48-5-7.6, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."

SECTION 4. Said article is further amended by revising paragraph (3) of subsection (d) of, subparagraph (e)(1)(D) of, and adding a new subsection to Code Section 48-5-7.6, relating to preferential assessment of brownfield property, to read as follows:
"(3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, or as extended pursuant to subsection (o) of this Code section, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation 'brownfield property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2."
"(D) The later of the expiration of ten years during which the property was classified and assessed as brownfield property or the expiration of this preferential assessment period as extended pursuant to subsection (o) of this Code section; or" "(o)(1) Notwithstanding anything to the contrary in subsections (a) through (n) of this Code section, a qualified brownfield property may be eligible for preferential assessment in accordance with the provisions of subsection (c.4) of Code Section 48-5-7 for a period not to exceed 15 years under the following circumstances: (A) Construction of improvements on the property commenced but thereafter ceased for a period in excess of 180 days; (B) After a delay in excess of 180 days, construction of improvements on the property resumed; and

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(C) The owner of the qualified brownfield property submits a sworn certification to the county board of tax assessors stating the date on which construction first commenced, the date on which construction ceased, and the date on which construction resumed. (2) Upon receipt of the certification required by subparagraph (C) of paragraph (1) of this subsection, the county board of tax assessors shall extend the period of preferential assessment for one year for each 365 days of construction inactivity for up to a maximum of five consecutive years. Under no circumstances shall the period of preferential assessment exceed 15 consecutive years."

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

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

Approved May 1, 2012.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS PUBLIC UTILITIES REMOVE AND UPDATE CERTAIN PROVISIONS REGARDING TELECOMMUNICATIONS; TELEGRAPH COMPANIES; EMINENT DOMAIN; AVOIDING CHARGES; ACCESS TO LIVE OPERATOR.

No. 700 (House Bill No. 1115).

AN ACT

To amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to change certain provisions relating to exercise of power of eminent domain by telephone and telegraph companies; to change certain provisions relating to avoiding or attempting to avoid charges for use of telecommunications service; to change certain provisions relating to access to a live telephone operator; to eliminate provisions relating to granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 1950; to eliminate certain provisions relating to telegraph service; to amend various other titles of

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the Official Code of Georgia Annotated, so as to revise cross-references 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. Article 1 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations, is amended by revising Code Section 14-4-2, relating to existing venue statutes unaffected by Chapter 4, as follows:
"14-4-2. Nothing in this chapter shall affect existing statutes with respect to the venue of actions against railroad, electric, banking, trust, insurance, canal, navigation, express, and telegraph companies, which existing statutes include, as to express companies, those statutes codified as Code Sections 46-9-234 through 46-9-236; as to companies under the jurisdiction of the Georgia Public Service Commission, that statute codified as Code Section 46-2-92."

SECTION 2. Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to administration of government generally, is amended by revising subparagraph (A) of paragraph (7) as follows:
"(A) The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state."

SECTION 3. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising subsection (a) of Code Section 46-2-20, relating to jurisdiction of commission generally and powers and duties of commission generally, as follows:
"(a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone companies, gas or electric light and power companies, and persons or private companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended."

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SECTION 4. Said title is further amended by revising Code Section 46-2-22, relating to jurisdiction of commission over express companies and telegraph companies, as follows:
"46-2-22. Reserved."

SECTION 5. Said title is further amended by revising Code Section 46-2-23, relating to rate-making power of commission generally and special provisions concerning telecommunications companies, as follows:
"46-2-23. (a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction. (b) As to those telecommunications companies subject to the jurisdiction of the commission, the commission is not required to fix and determine specific rates, tariffs, or charges for the services offered by said telecommunications companies and in lieu thereof may on application of an interested party or on its own motion after public notice and hearing:
(1) Totally deregulate a service; (2) Totally eliminate any tariffs on a service; (3) Eliminate tariff rates for a service but retain tariffs for service standards and requirements; or (4) Eliminate tariff rates for a service but require that notice of any rate changes be provided to the commission. (c) In determining what actions, if any, are to be taken on applications under subsection (b) of this Code section, the commission shall conduct hearings at which it shall consider the following factors: (1) The extent to which competing telecommunications services are available from competitive providers in the relevant geographic market; (2) The ability of competitive providers to make functionally equivalent or substitute services readily available; (3) The number and size of competitive providers of service; (4) The overall impact of the proposed regulatory change on the continued availability of existing services at just and reasonable rates; (5) The impact of the proposed regulatory change upon efforts to promote universal availability of basic telecommunications services at affordable rates and to permit telecommunications companies subject to the jurisdiction of the commission to respond to competitive thrusts; and (6) Such other factors as the commission may determine are in the public interest. (d) Nothing in this Code section shall authorize the application of subsection (b) of this Code section to any service unless functionally equivalent or substitute services are readily

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available from competitive providers in the relevant geographic market. This finding must be made on the record after public hearing. (e) Any telecommunications service deregulated or detariffed under this Code section may be reregulated or resubjected to tariffing by the commission if the commission finds, through a proceeding initiated on its own or upon application by an interested party, that such reregulation or retariffing is in the public interest. (f) Nothing in this Code section shall be interpreted as requiring the commission to alter, amend, or repeal any rule or regulation which relates to any telecommunications company and which has been adopted by the commission or which is under consideration for adoption by the commission as of April 14, 1988. (g) No telecommunications company may use current revenues earned or expenses incurred in conjunction with services subject to regulation to subsidize services which are not regulated or tariffed. The commission may adopt procedural rules as necessary to implement this subsection."

SECTION 6. Said title is further amended by revising Code Section 46-5-1, relating to exercise of power of eminent domain by telephone and telegraph companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telegraph and telephone companies for damages, required information, and due compensation, as follows:
"46-5-1. (a)(1) Any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not: (A) Require any telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or

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(B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (4) Whenever a telephone company exercises its powers under paragraph (1) of this subsection, the posts, arms, insulators, and other fixtures of its lines shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the company's option, through any affiliated companies and through the use of any technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. The obligations required pursuant to paragraph (2) of Code Section 46-5-169 shall not apply to a telephone company that has elected alternative regulation pursuant to Code Section 46-5-165 and does not receive distributions from the Universal Access Fund as provided for in Code Section 46-5-167. (b)(1) Except as set forth in paragraph (6) of this subsection, any telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: (A) The name, address, and telephone number of a principal office and local agent of such telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal authorities;

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(D) A description of the telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telephone company may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telephone company within 15 business days of the receipt of such application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telephone

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company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authority's occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telephone company except as set forth in paragraphs (8), (9), (11), and (17) of this subsection. (7) Any telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such municipal authority on or before October 1, 2008. As of October 1, 2008, if any telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief.
(8)(A) In the event any telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed

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by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included:
(A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature. (11) A telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in subsection (a) of this Code section, on subscribers on the date that service commences unless such company is currently paying a municipal authority's occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a

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Sunday, or a state legal holiday, the due date shall be the next business day. A telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the party's own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authority's reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq., and the telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed.

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(16) A telephone company paying due compensation pursuant to this Code section may designate that portion of a subscriber's bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (18) If a telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January 1, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that if a telephone company begins providing service after January 1, 2008, and such telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shall be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) If a telephone company accesses the public roads and highways and rights of way of a county and such county requires such telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such county's direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such county's roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42."

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SECTION 7. Said title is further amended by revising subsection (a) of Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telecommunications service, penalties, and computation of damages, as follows:
"(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or over telecommunication facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect."

SECTION 8. Said title is further amended by revising Code Section 46-5-26, relating to access to live telephone operator, as follows:
"46-5-26. (a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. This Code section applies regardless of the method by which the telecommunications utility or telecommunications company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, 'operator services' means services that are provided when a caller dials '0'. (b) The failure of a telecommunications utility or telecommunications company to provide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property."

SECTION 9. Said title is further amended by revising Code Section 46-5-41, relating to obtaining of certificate of public convenience and necessity for construction, operation, acquisition, or extension of telephone lines, plants, or systems, as follows:
"46-5-41. No person shall construct or operate any telephone line, plant, or system or any extension thereof or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity require or will require such construction, operation, or acquisition."

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SECTION 10. Said title is further amended by repealing in its entirety Code Section 46-5-46, relating to granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February, 1950, which reads as follows:
"46-5-46. (a) Any person engaged in the construction or operation of any telephone line, plant, or system or any extension thereof as of February 17, 1950, shall be entitled to receive a certificate of public convenience and necessity from the commission authorizing such person to continue the construction or operation of such line, plant, or system or any extension thereof in the territory being served by such person on February 17, 1950, if by February 17, 1951, such person files maps with the commission showing the territory being served by such person. (b) If more than one person files maps pursuant to subsection (a) of this Code section indicating service in the same territory, the commission shall, after a hearing conducted after the giving of reasonable notice to the interested parties, determine from such evidence as it may reasonably require which of such persons shall be entitled to the certificate. In making such determination, the commission shall consider the ability of such persons to furnish thereafter reasonably adequate service in the territory in question. (c) Pending the granting of a certificate as provided in this Code section, any person may lawfully continue the construction or operation of any telephone line, plant, or system or any extension thereof in the territory being served by that person on February 17, 1950. (d) This Code section shall not be construed to require any person to secure a certificate for an extension within any municipality within which that person has lawfully commenced operations prior to February 17, 1950, or for an extension within or to territory already served by such person, which extension is necessary in the ordinary course of business. (e) This Code section shall not be construed to require any person to secure a certificate for the construction of substitute facilities within or to any municipality or territory already served by that person or for an extension into territory contiguous to that already occupied by that person and not receiving similar service from another person if no certificate of public convenience and necessity has been issued to or applied for by any other person."

SECTION 11. Said title is further amended by repealing in its entirety Article 3 of Chapter 5, relating to telegraph service, and designating such article as reserved as follows:

Reserved."

"ARTICLE 3

SECTION 12. Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to revocable license agreements without competitive bidding authorized, terms and conditions, telegraph

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or telephone lines construction provisions unaffected, and exceptions, is amended by revising subsection (c) as follows:
"(c) This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of telephone lines."

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

Approved May 1, 2012.

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GENERAL ASSEMBLY TEN-YEAR PROJECTION OF COSTS FOR CERTAIN BILLS WHICH CREATE NEW PROGRAM OR FUNDING CATEGORY AND WHICH WOULD SIGNIFICANTLY IMPACT ANTICIPATED REVENUES OR EXPENDITURES OF DEPARTMENT OF EDUCATION.

No. 701 (House Bill No. 1178).

AN ACT

To amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; 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 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, is amended by revising subsection (g) as follows:
"(g)(1) The fiscal note required by this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful

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investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation in effect during any regular session of the General Assembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made. (2) For fiscal note requests for a bill having a significant impact on the anticipated revenue or expenditure level of the Department of Education which would create a new program or funding category, the fiscal note shall include a ten-year projection of the costs of such new program or funding category."

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

Approved May 1, 2012.

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DOMESTIC RELATIONS GRANDPARENT VISITATION RIGHTS.

No. 702 (House Bill No. 1198).

AN ACT

To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit

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grandparent visitation; 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 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, is amended by revising Code Section 19-7-3, relating to "grandparent" defined, original actions for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, mediation, and hearing, as follows:
"19-7-3. (a) As used in this Code section, the term 'grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention:
(A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings.

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(2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent interfere with a child's school or regularly scheduled extracurricular activities. Visitation time awarded to a grandparent shall not be less than 24 hours in any one-month period. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (e) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may: (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent for mediation. (f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents. (g) Whether or not visitation is awarded to a grandparent, the court may direct a custodial parent, by court order, to notify such grandparent of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games."

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

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

Approved May 1, 2012.

__________

STATE HIGHWAY SYSTEM; PORTIONS DEDICATED.

No. 703 (House Resolution No. 1177).

A RESOLUTION

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

PART I WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and

WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART II WHEREAS, Herman E. Black was highly regarded by the citizens of the City of Gray and by local government officials as a person of substance; and

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WHEREAS, he was the son of William and Maggie Black, both pillars of the community; and

WHEREAS, he spent 76 years of his life as a citizen of Jones County; and

WHEREAS, he was the father of four children, a husband, and a friend; and

WHEREAS, he gave a lifetime of service and commitment to his community by serving on the Jones County Board of Equalization, was a founding member of the Jones County Men's Club, and was a member of the Optimist Club; and

WHEREAS, it is fitting and proper to dedicate State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 as the Herman E. Black Memorial Highway as an appropriate tribute to this outstanding Georgian.

PART III WHEREAS, Sgt. Carlton "Dan" Jenkins was shot and killed after making a traffic stop of a robbery suspect on I-95 shortly after midnight on August 28, 2000; and

WHEREAS, Sgt. Jenkins had been with the Camden County Sheriff's Department for 7 years, and had been in law enforcement for 11 years; and

WHEREAS, the Camden County Sheriff's Department named him Officer of the Year in 1999; and

WHEREAS, in August of 2010, the 28th of August was declared to be Sergeant Carlton Daniel Jenkins Day in Camden County; and

WHEREAS, he is survived by his wife and five children; and

WHEREAS, it is only fitting and proper that a permanent memorial to this outstanding officer's life and service be established by dedicating an interchange on I-95 in his honor.

PART IV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. J. Dixon Hays on November 21, 2010; and

WHEREAS, Mr. Hays was born in Mansfield, Georgia, a beloved son of the late James Dixon and Ruth Ewing Hays; and

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WHEREAS, a dairy farmer in Newton County for 50 years, Mr. Hays served on the boards of the Newton County Dairy Association, Newton County Farm Bureau, and Gold Kist Co-op and earned the Atlanta Farmers Club's Distinguished Agri-Business Leader Award in 1982; and

WHEREAS, Mr. Hays was an active community leader, serving on the Newton Medical Center Authority for 32 years, the Snapping Shoals Electric Trust Board for 13 years, and treasurer and board member of the Mansfield Community Center; and

WHEREAS, a man of deep and abiding faith, Mr. Hays was a lifelong member of Luther Hays Presbyterian Church where he served as an elder and treasurer for 26 years; and

WHEREAS, Mr. Hays was united in love and marriage for 59 wonderful years to Marilyn Harris Hays and was blessed with the adoration and support of his children, Melinda and Jim Lord and Julius and Jamie Hays; and

WHEREAS, he was the proud grandfather of Jennifer Lord and Eric Wilson, Mary Beth Lord and Rich Zamor, Rebecca Lord, and Jessie Hays; 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, Mr. Hays will long be remembered for his love of family and friendship, and this loyal husband, father, grandfather, and friend will be missed by all who had the great fortune of knowing him.

PART V WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of the Honorable Jimmie Hodge Timmons, Jr., on April 5, 2011; and

WHEREAS, Mr. Timmons was born on June 11, 1939, in Edison, Georgia, a beloved son of Lucille Daniels Timmons and Jimmie Hodge "Red" Timmons, Sr.; and

WHEREAS, a graduate of Damascus High School, Mr. Timmons earned an associate's degree from Abraham Baldwin Agricultural College, a bachelor's degree from the University

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of Georgia, a master's degree from Auburn University, and a specialist's degree from the University of Georgia; and

WHEREAS, Mr. Timmons served as an esteemed member of the Georgia State Senate from 1974 to 1992, adeptly representing the citizens of Senate District 11 and earning the respect and admiration of his colleagues; and

WHEREAS, a distinguished educator for 40 years, Mr. Timmons served as an agriculture teacher at Bainbridge High School, principal of Damascus Elementary School, principal and Title I coordinator in the Calhoun County School System, and superintendent of the Calhoun County School System; and

WHEREAS, he was an active member of Arlington Baptist Church, the Demosthenian Literary Society of the University of Georgia, and the Calhoun Rifles Sons of Confederate Veterans Edison-Calhoun County; and

WHEREAS, Mr. Timmon's leadership and guidance were instrumental during his service as president of the Abraham Baldwin Agricultural College Alumni Association and president and secretary of the Arlington and Edison's Lions Clubs; and

WHEREAS, he was united in love and marriage to "his honey," Lorraine Kavakos Timmons, and was blessed with four remarkable stepchildren, Tommy, Laura, Bill, and Glynda, and two wonderful grandchildren, Will and Marin; 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, Mr. Timmons will long be remembered for his love of family and friendship, and this loyal brother, husband, stepfather, grandfather, and friend will be missed by all who had the great fortune of knowing him.

PART VI WHEREAS, Mr. Clarence Williams, Sr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the University of Georgia Cooperative Extension; and

WHEREAS, Mr. Williams's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him great respect and admiration; and

WHEREAS, a man of deep and abiding faith, Mr. Williams is an active member of St. Peter's AME Church in Midway, Georgia; and

WHEREAS, he has served as an uplifting and inspirational mentor to countless young people and has worked tirelessly throughout his lifetime to improve housing conditions in Liberty County; and

WHEREAS, Mr. Williams is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized with a lasting tribute.

PART VII WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Chadwick T. LeCroy on December 27, 2010; and

WHEREAS, Trooper LeCroy joined the Georgia State Patrol in January, 2008, and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, a member of the Crime Suppression Unit within Georgia State Patrol Troop C, Trooper LeCroy was killed in the line of duty after tracking down a fleeing suspect who he had attempted to stop for a headlight violation in Atlanta; and

WHEREAS, in recognition of the ultimate sacrifice made for the call of duty, Trooper LeCroy was posthumously promoted to the rank of corporal by Commissioner of the Georgia Department of Public Safety Colonel Bill Hitchens; and

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WHEREAS, Trooper LeCroy's promotion marks only the second time in the Georgia State Patrol's 74 year history that an officer has received such an honor; and

WHEREAS, he was united in love and marriage to his supportive wife, Keisha Yearwood LeCroy, and was blessed with two remarkable sons, Bret and Deaton; and

WHEREAS, he was the beloved son of Donna and Sam Houston and Bill and Tonya LeCroy, son-in-law of Ken and Vicki Yearwood, and brother of Bill, Jamie, Jack, and Jake; and

WHEREAS, Trooper LeCroy loved sports, hunting, and spending time with his family and friends; and

WHEREAS, he truly loved his career and law enforcement and wore his Georgia State Patrol uniform with pride, exhibiting extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and

WHEREAS, a compassionate and generous man, Trooper LeCroy will long be remembered for his love of family and friendship, and this loyal husband, father, brother, uncle, and friend will be missed by all who had the great fortune of knowing him.

PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Explosive Ordnance Disposal Technician First Class Joseph Adam McSween; and

WHEREAS, Adam McSween was born on August 11, 1980, in Montgomery, Alabama, the beloved son of Robert and Florence McSween; and

WHEREAS, a graduate of Georgia Christian High School in Valdosta, Georgia, and York College in Nebraska, Adam enlisted in the United States Navy in 2001; and

WHEREAS, he completed extensive training in explosive ordnance disposal and earned qualifications as a Naval Parachutist, Scuba Diving Supervisor, and Senior Explosive Ordnance Disposal Technician; and

WHEREAS, he was valiantly serving as a guardian of freedom and liberty in his second tour to Iraq when he was killed on April 6, 2007, near Kirkuk in northern Iraq when a rocket hit his vehicle; and

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WHEREAS, during his service to this nation, he was awarded an Army Commendation Medal, Combat Action Ribbon, Navy Good Conduct Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Expert Marksmanship Rifle Medal, Expert Marksmanship Pistol Medal, two Iraq Campaign Medals, and three Sea Service Deployment Ribbons; and

WHEREAS, Adam leaves behind many who will cherish his memory, including his parents, his wife Erin, his daughters Lilly and Gwyneth, his brothers Kyle and Robert, and his sister Angela; and

WHEREAS, it is only fitting and proper that a lasting memorial to EOD Technician First Class Joseph Adam McSween's life of service to his country be established.

PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens and most dedicated law enforcement officers with the passing of Patrolman Donald J. Mander; and

WHEREAS, Patrolman Mander served with honor and distinction with the Macon Police Department; and

WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and

WHEREAS, Patrolman Mander was tragically killed in the line of duty on August 23, 1986; and

WHEREAS, a compassionate and generous man, Patrolman Mander will long be remembered for his love of family and friendship, and this dedicated officer and loyal friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is only fitting and proper that a lasting memorial to Patrolman Mander's life and service to this state be established.

PART X WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the passing of Deputy Richard Daniels on June 22, 2010; and

WHEREAS, Deputy Daniels began his career in law enforcement in August, 2006, as a jailer and was highly regarded by the citizens of his community and state and by local government

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officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Deputy Daniels was mandated as a certified deputy for the Twiggs County Sheriff's Office on September 14, 2007, and was killed while on patrol when his vehicle hit a fallen tree covering the highway; and

WHEREAS, he was united in love and marriage to his supportive wife, Carrie, and was blessed with a beautiful daughter, Lena; and

WHEREAS, Deputy Daniels exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and

WHEREAS, a compassionate and generous man, Deputy Daniels 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.

PART XI WHEREAS, Mr. Louie Clark was born November 25, 1924, in Mitchell County, Georgia, and has spent his life serving others; and

WHEREAS, Mr. Clark served as a guardian of this nation's freedom and liberty with the United States Navy from 1943 to 1946, was stationed aboard the destroyer USS Haynsworth, and survived kamikaze attacks and numerous battles while defending the principles and ideals of America during World War II; and

WHEREAS, after the war, Mr. Clark returned home and attended Florida State College on the GI Bill; and

WHEREAS, Mr. Clark served on the Madison County School Board for several years before being elected to the General Assembly in 1974; and

WHEREAS, he devoted two decades to the public as a member of the Georgia House of Representatives, where he was known for his keen wit, gutsy disposition, and independent spirit about government and public service; and

WHEREAS, a knowledgeable historian, Mr. Clark was awarded the highest award from the United Daughters of the Confederacy; and

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WHEREAS, he is united in love and marriage to his adoring wife Ann and has been blessed with four amazing children; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.

PART XII WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and

WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and

WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and

WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and

WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and

WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and

WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and

WHEREAS, Mr. Ward's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized.

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PART XIII WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and

WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and

WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and

WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and

WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and

WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and

WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and

WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and

WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr., Parkway as an appropriate tribute to this outstanding Georgian.

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PART XIV 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 19 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; and 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 have 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

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WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.

PART XV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and

WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and

WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and

WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and

WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and

WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and

WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and

WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized.

PART XVI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

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WHEREAS, Korean War veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

WHEREAS, they served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and

WHEREAS, it is important that Korean War veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, Korean War veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART XVII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and

WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and

WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and

WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and

WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and

WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and

WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established.

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PART XVIII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Long diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and

WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and

WHEREAS, Mr. Long's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.

PART XIX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and

WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and

WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and

WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and

WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and

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WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and

WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and

WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established.

PART XX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and

WHEREAS, Deputy Paugh was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and

WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and

WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and

WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and

WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him.

PART XXI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Ossie Davis; and

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WHEREAS, Mr. Raiford Chatman Davis, better known as Ossie Davis, was born in Clinch County, Georgia, on December 18, 1917, and graduated from Center High School in 1934; and

WHEREAS, he was a member of the Rose McClendon Players acting group in Harlem before enlisting with the United States Army to serve as a guardian of this nation's freedom and liberty during World War II; and

WHEREAS, during his time in the military, Mr. Davis wrote performances and put on shows for his fellow troops; and

WHEREAS, after the war, Mr. Davis made his Broadway debut in Jeb in 1946 and went on to star in such plays as A Raisin in the Sun, Jamaica, I'm Not Rappaport, and Purlie Victorious; and

WHEREAS, he appeared in numerous film, television, and radio works, including The Ossie Davis & Ruby Dee Story Hour, The Scalphunters, Do the Right Thing, Get on the Bus, The Stand, The Client, Roots: The Next Generation, Evening Shade, and With Ossie & Ruby; and

WHEREAS, Mr. Davis authored several books for young readers, including Escape to Freedom: A Play about Young Frederick Douglass, Langston, and Just Like Martin; and

WHEREAS, he was well respected among Civil Rights activists for his work as master of ceremonies for the 1963 March on Washington, raising money for Freedom Riders arrested in the South for violating segregation laws, and championing the work of Paul Robeson, W.E.B. DuBois, A. Philip Randolph, Malcolm X, Martin Luther King, Jr., and Frannie Lou Hammer; and

WHEREAS, Mr. Davis was recognized with numerous honors and accolades, including the Screen Actors Guild Life Achievement Award, the NAACP Image Award, the Marian Anderson Award, a Grammy Award for Spoken Word, the National Medal of Art, and the Kennedy Center Honors; and

WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Davis's life of service to this state be established.

PART XXII WHEREAS, Superior Court Judge Kenneth O. Nix was raised in the Grove Park Commons of Grove Park; and

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WHEREAS, he graduated from West Fulton High School, and he has been known as a great athlete over the years; and

WHEREAS, he has resided in Cobb County all of his adult life and served in the Georgia House of Representatives and was later appointed and re-elected to the Cobb County State Court; and

WHEREAS, several years later, Judge Nix was appointed to the Cobb County Superior Court and was re-elected on several occasions until he retired this past year to spend more time with his loving wife and family in Smyrna, Georgia; and

WHEREAS, Judge Nix has served with honor and distinction with the State of Georgia, and his vision and unyielding commitment is appreciated by the citizens of his community and state; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized.

PART XXIII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that:
(1) This body hereby joins in honoring military veterans and dedicates State Route 22 in Oglethorpe County from U.S. Route 78/State Route 10 in Lexington to the Madison County line as Veterans Memorial Highway; (2) The members of this body honor the life and contributions of Herman E. Black and his dedicated service to and sacrifice for his community and this state and that State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 is dedicated as the Herman E. Black Memorial Highway; (3) The members of this body honor Sgt. Carlton "Dan" Jenkins for his effective, unselfish, and dedicated public service to the State of Georgia, extend to his family their most sincere condolences, and dedicate the interchange at Horsestamp Church Road and I-95 between mile markers 18 and 22 is dedicated as the Sgt. Carlton "Dan" Jenkins Memorial Interchange; (4) The portion of SR 142 in Newton County between SR 11 and SR 278 is dedicated as the J. Dixon Hays Memorial Highway; (5) State Route 62 from the county line between Early County and Calhoun County in Arlington to Blakley is designated as the Jimmie Hodge Timmons, Jr., Highway; (6) The members of this body join to commend Mr. Clarence Williams, Sr., for his efficient, effective, unselfish, and dedicated service to the State of Georgia and dedicate the bridge on U.S. Route 84/State Route 38 over the CSX railroad tracks in Liberty County as the Clarence Williams, Sr., Overpass;

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(7) The bridge on State Route 280 over the Chattahoochee River in Cobb/Fulton County is dedicated as the Trooper Chadwick T. LeCroy Memorial Bridge; (8) This body hereby joins in honoring the life and memory of Explosive Ordinance Disposal Technician First Class Joseph Adam McSween and dedicates the intersection of State Route 7/North Valdosta Road and Veterans Memorial Parkway in Lowndes County as the EOD Technician First Class Joseph Adam McSween Memorial Intersection; (9) This body hereby joins in honoring the life and memory of Patrolman Donald J. Mander and dedicates the underpass at State Route 19/Forsyth Road and Napier Avenue in the City of Macon as the Patrolman Donald J. Mander Memorial Underpass; (10) The bridge on State Route 96 over Interstate 16 in Twiggs County is dedicated as the Deputy Richard Daniels Memorial Bridge; (11) State Route 98 in Madison County from its intersection with U.S. Route 29 in Danielsville to State Route 106 in Ila is dedicated as the Louie Clark Highway; (12) The bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; (13) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr., Parkway; (14) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway; (15) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (16) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (17) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (18) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway; (19) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (20) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (21) This body hereby joins in honoring the life and memory of Mr. Ossie Davis and dedicates the portion of U.S. Highway 1/State Route 4 Business within the city limits of Waycross in Ware County as the Ossie Davis Parkway;

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(22) That the portion of South Cobb Drive beginning at the intersection of South Cobb Drive and Concord Road to the intersection of South Cobb Drive and Cooper Lake Road is dedicated as the Judge Kenneth O. Nix Highway; (23) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (24) The Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Herman E. Black, the family of Sgt. Carlton "Dan" Jenkins, the family of J. Dixon Hays, the family of Jimmie Hodge Timmons, Jr., Clarence Williams, Sr., the family of Trooper Chadwick T. LeCroy, the family of EOD Technician First Class Joseph Adam McSween, the family of Patrolman Donald J. Mander, the family of Deputy Richard Daniels, Mr. Louie Clark, the family of Mr. Bert Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., the family of Deputy James D. Paugh, the family of Mr. Ossie Davis, and the family of Judge Kenneth O. Nix.

Approved May 1, 2012.

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PROFESSIONS AND BUSINESSES FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES; ALLOW CERTAIN VETERANS' ORGANIZATIONS TO HAVE INFORMATION REGARDING DECEASED VETERANS AND TO DISPOSE OF CREMATED REMAINS UNDER CERTAIN CIRCUMSTANCES.

No. 704 (Senate Bill No. 372).

AN ACT

To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the

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cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known as and may be cited as the "Disposition of Veterans' Cremated Remains Act."

SECTION 2. Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, is amended by adding a new Code section to read as follows:
"43-18-9. (a) As used in this Code section, the term:
(1) 'Veteran' means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable. (2) 'Veterans' organization' means the Department of Veterans Service, the National Cemetery Administration's National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America. (b) The funeral director shall make a reasonable effort to determine whether any dead body submitted for final disposition by cremation is that of a deceased veteran. (c) The funeral director shall, at the time the cremation authorization form is signed: (1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and (2) Notify the legally authorized person of the responsibilities of the funeral director under this Code section. (d) If the funeral director is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized agent, then any veterans' organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory so that any veterans' organization may attempt to determine whether the deceased is a veteran. If any veterans' organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, the veterans' organization shall notify the funeral director. (e)(1) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, then such funeral director shall immediately notify the legally authorized person of such

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finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans' cemetery. (2) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, and the cremated remains are not claimed by a legally authorized person, then the funeral director shall hold any such cremated remains for at least 60 days. After 60 days, the funeral director shall send written notice to the legally authorized person who signed the cremation authorization form requesting disposition instructions. If the funeral director does not receive a written response from the legally authorized person within 30 days of sending a written notice, then the funeral director shall contact a veterans' organization so that arrangements for the disposition of the cremated remains of the veteran may be made in a state or national veterans' cemetery. (f) Nothing in this Code section shall delay the authorized cremation of a deceased's remains. (g)(1) A funeral director complying with this Code section shall be immune from any criminal or civil liability regarding:
(A) The determination of a deceased's status as a veteran; (B) The release of information relating to the determination of a deceased's status as a veteran; (C) The availability of interment or inurnment for a deceased veteran; or (D) The release of cremated remains to a veterans' cemetery. (2) A funeral director shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct. (h) A veterans' organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under this Code section except for willful or wanton misconduct."

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 1, 2012.

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PROFESSIONS AND BUSINESSES MUSIC THERAPISTS; LICENSE.

No. 705 (Senate Bill No. 414).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for applicability of the Georgia Administrative Procedures Act; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

"CHAPTER 25A 43-25A-1. As used in this chapter, the term:
(1) 'Advisory group' means the Music Therapy Advisory Group. (2) 'Board certified music therapist' means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists. (3) 'Music therapist' means a person licensed to practice music therapy pursuant to this chapter. (4) 'Music therapy' means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. This term may include:
(A) Accepting referrals for music therapy services from physicians, psychologists, speech-language pathologists, occupational therapists, physical therapists, audiologists,

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or other medical, developmental, or mental health professionals; education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's physician, psychologist, or mental health professional to review the client's diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's speech-language pathologist, occupational therapist, physical therapist, audiologist, or other medical or developmental professional to review the client's diagnosis, treatment needs, and treatment plan; (B) Conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client; (C) Developing an individualized music therapy treatment plan for the client; (D) Carrying out an individualized music therapy treatment plan that is consistent with any other medical, developmental, mental health, or educational services being provided to the client; (E) Evaluating the client's response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate; (F) Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, any physician, or other provider of health care or education of the client, any appropriate member of the family of the client, and any other appropriate person upon whom the client relies for support; (G) Minimizing any barriers so that the client may receive music therapy services in the least restrictive environment; and (H) Collaborating with and educating the client and the family or caregiver of the client or any other appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs. (5) 'Office' means the office of the Secretary of State. (6) 'Secretary' means the Secretary of State or his or her designee.

43-25A-2. (a) There is created within the office of the Secretary of State a Music Therapy Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of music therapy to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint three members who practice as music therapists in this state; one member who is a licensed health care provider who is not a music therapist; and one member who is a consumer.

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(d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments.

43-25A-3. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees in this chapter. (c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the Secretary. (e) The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year. (f) The Secretary shall seek the advice of the advisory group for issues related to music therapy.

43-25A-4. After January 1, 2014, no person without a license as a music therapist shall use the title 'music therapist' or similar title, or perform the duties of a music therapist, provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession including occupational therapists, speech-language pathologists, physical therapists, or audiologists that may also use music in the scope of their practice.

43-25A-5. The Secretary shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that:
(1) The applicant is at least 18 years of age; (2) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or any successor organization within an accredited college or university;

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(3) The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in preinternship experiences and at least 900 hours in internship experiences, provided that the internship shall be approved by an academic institution, the American Music Therapy Association or any successor organization, or both; (4) The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant; (5) The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board certified music therapist; and (6) The applicant has 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 Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure by examination agrees to provide the Secretary 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.

43-25A- 6. (a) Every license issued under this chapter shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for license renewal:
(1) Proof of maintenance of the applicant's Certification Board for Music Therapists credentials; and (2) Proof of completion of a minimum of 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the Secretary. (b) A licensee shall inform the Secretary of any changes to his or her address. Each licensee shall be responsible for timely renewal of his or her license. (c) Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the Secretary may require the individual to reapply for licensure as a new applicant. (d) Upon written request of a licensee, the Secretary may place an active license on an inactive status subject to an inactive status fee established by the Secretary. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for

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a period up to two years. An inactive license may be reactivated at any time by making a written request to the Secretary and by fulfilling requirements established by the Secretary.

43-25A-7. The Secretary shall waive the examination requirement for an applicant until January 1, 2014, who is:
(1) Certified as a music therapist and in good standing with the Certification Board for Music Therapists; or (2) Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the National Music Therapy Registry.

43-25A-8. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:
(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony as provided under state law; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care; (4) Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction; (5) Has committed a fraudulent insurance act; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or (7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section. (c) In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary of State and the provisions of this chapter."
SECTION 2. This Act shall become effective on July 1, 2012.

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

Approved May 1, 2012.

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GAME AND FISH SPECIAL HUNTING PRIVILEGES TO PERSONS WITH TERMINAL ILLNESSES.

No. 706 (Senate Bill No. 309).

AN ACT

To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; 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 "Taylor's Law."

SECTION 2. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, is amended by adding a new Code section to read as follows:
"27-2-4.3. (a) As used in this Code section, the term 'terminal illness' means an incurable or irreversible condition with a corresponding life expectancy that does not exceed 12 months. (b) The commissioner is authorized to issue special authorization to hunt big game or alligators to any person not older than 21 years of age who has been diagnosed with a terminal illness by a doctor of medicine currently licensed to practice either by the Georgia Composite Medical Board or the State Board of Examiners in Osteopathy. Such special authorization may include waiving legal weapons requirements, antler restrictions, quota limitations, or hunter education requirements as necessary to facilitate special situations for persons with a terminal illness. The commissioner may impose any terms and conditions deemed necessary to implement the special authorization. Such authorization shall be for only one hunting season.

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(c) The commissioner may prepare an application to be used by persons requesting special authorization and may require signed documentation from a doctor of medicine currently licensed to practice either by the Georgia Composite Medical Board or the State Board of Examiners in Osteopathy verifying that an applicant has a terminal illness. (d) A person who receives special authorization to hunt under this Code section shall conduct all hunting under the direct supervision of a licensed adult hunter and abide by the terms and conditions of the special authorization issued by the commissioner."

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

Approved May 1, 2012.

__________

EDUCATION TERMINATION OF SUSPENSION OF CERTAIN CONTRACTS OF EMPLOYMENT.

No. 707 (Senate Bill No. 153).

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 revise certain provisions relating to termination or suspension of a contract of employment; to provide certain requirements for furlough days; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment, as follows:
"20-2-940. (a) Grounds for termination or suspension. Except as otherwise provided in this subsection, the contract of employment of a teacher, administrator, or other employee having a contract for a definite term may be terminated or suspended for the following reasons:
(1) Incompetency; (2) Insubordination;

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(3) Willful neglect of duties; (4) Immorality; (5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education; (6) To reduce staff due to loss of students or cancellation of programs and due to no fault or performance issue of the teacher, administrator, or other employee. In the event that a teacher, administrator, or other employee is terminated or suspended pursuant to this paragraph, the local unit of administration shall specify in writing to such teacher, administrator, or other employee that the termination or suspension is due to no fault or performance issues of such teacher, administrator, or other employee; (7) Failure to secure and maintain necessary educational training; or (8) Any other good and sufficient cause. A teacher, administrator, or other employee having a contract of employment for a definite term shall not have such contract terminated or suspended for refusal to alter a grade or grade report if the request to alter a grade or grade report was made without good and sufficient cause. (b) Notice. Before the discharge or suspension of a teacher, administrator, or other employee having a contract of employment for a definite term, written notice of the charges shall be given at least ten days before the date set for hearing and shall state: (1) The cause or causes for his or her discharge, suspension, or demotion in sufficient detail to enable him or her fairly to show any error that may exist therein; (2) The names of the known witnesses and a concise summary of the evidence to be used against him or her. The names of new witnesses shall be given as soon as practicable; (3) The time and place where the hearing thereon will be held; and (4) That the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other papers as provided by law. (c) Service. All notices required by this part relating to suspension from duty shall be served either personally or by certified mail or statutory overnight delivery. All notices required by this part relating to demotion, termination, nonrenewal of contract, or reprimand shall be served by certified mail or statutory overnight delivery. Service shall be deemed to be perfected when the notice is deposited in the United States mail addressed to the last known address of the addressee with sufficient postage affixed to the envelope. (d) Counsel; testimony. Any teacher, administrator, 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 to Part 1 of Article 2 of Chapter 10 of Title 24, as now or hereafter amended.

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(e) Hearing. (1) The hearing shall be conducted before the local board, or the local board may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings and recommendations to the local board for its decision thereon. (2) The hearing shall be reported at the local board's expense. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the local board and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the local board, the transcript need not be typed unless an appeal is taken to the State Board of Education, in which event typing of the transcript shall be paid for by the appellant. In the event of an appeal to the state board, the original shall be transmitted to the state board as required by its rules. (3) Oath or affirmation shall be administered to all witnesses by the chairperson, any member of the local board, or by the local board attorney. Such oath shall be as follows: 'You do solemnly swear (or affirm) that the evidence shall be the truth, the whole truth, and nothing but the truth. So help you God.' (4) All questions relating to admissibility of evidence or other legal matters shall be decided by the chairperson or presiding officer, subject to the right of either party to appeal to the full local board or hearing tribunal, as the case may be; provided, however, that the parties by agreement may stipulate that some disinterested member of the State Bar of Georgia shall decide all questions of evidence and other legal issues arising before the local board or tribunal. In all hearings, the burden of proof shall be on the school system, and it shall have the right to open and to conclude. Except as otherwise provided in this subsection, the same rules governing nonjury trials in the superior court shall prevail.
(f) Decision; appeals. The local board shall render its decision at the hearing or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local board within five days of the conclusion of the hearing, and the local board shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the state board in accordance with Code Section 20-2-1160, as now or hereafter amended, and the rules and regulations of the state board governing appeals. (g) Superintendent's power to relieve from duty temporarily. The superintendent of a local school system may temporarily relieve from duty any teacher, principal, or other employee having a contract for a definite term for any reason specified in subsection (a) of this Code section, pending hearing by the local board in those cases where the charges are of such seriousness or other circumstances exist which indicate that such teacher or employee could not be permitted to continue to perform his or her duties pending hearing without danger of disruption or other serious harm to the school, its mission, pupils, or personnel. In any such case, the superintendent shall notify the teacher or employee in writing of such action, which notice shall state the grounds thereof and shall otherwise

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comply with the requirements of the notice set forth in subsection (b) of this Code section. Such action by the superintendent shall not extend for a period in excess of ten working days, and during such period, it shall be the duty of the local board to conduct a hearing on the charges in the same manner provided for in subsections (e) and (f) of this Code section, except that notice of the time and place of hearing shall be given at least three days prior to the hearing. During the period that the teacher or other employee is relieved from duty prior to the decision of the local board, the teacher or employee shall be paid all sums to which he or she is otherwise entitled. If the hearing is delayed after the ten-day period as set out in this subsection at the request of the teacher or employee, then the teacher or employee shall not be paid beyond the ten-day period unless he or she is reinstated by the local board, in which case he or she shall receive all compensation to which he or she is otherwise entitled."

SECTION 1A. Said chapter is further amended by adding a new Code section to Subpart 2 of Part 6 of Article 6, relating to conditions of employment, to read as follows:
"20-2-221. In the event that a local school system furloughs teachers and other school personnel during any school year, such furlough day shall be on a Monday or Friday or in conjunction with a holiday, unless the local board of education provides otherwise."

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

Approved May 1, 2012.

__________

EDUCATION GEORGIA VIRTUAL SCHOOL; MAXIMIZE NUMBER OF STUDENTS PARTICIPATING.

No. 708 (Senate Bill No. 289).

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 maximize the number of students taking at least one course containing online learning prior to graduation; to provide for the online administration of end-of-course assessments; to revise provisions relating to the Georgia Virtual School; to require local school systems to provide opportunities for participation in

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part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to revise provisions relating to textbooks; to repeal a provision relating to electronic devices in schools; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 2 of Article 6, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-140.1. The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.3. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.3."

SECTION 2. Said chapter is further amended in Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated to local school systems, by revising subsection (a) 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 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

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is prepared in writing prior to the beginning of the course; 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 3. Said chapter is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by revising subsection (h) as follows:
"(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments."

SECTION 4. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows:
"20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student. The State Board of Education is authorized to promulgate rules and regulations pertaining

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to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course.
(b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to the local school system exceed $250.00 per student per semester course. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title."

SECTION 5. Said chapter is further amended in Part 14 of Article 6, relating to other educational programs under the "Quality Basic Education Act," by adding new Code sections to read as follows:
"20-2-319.3. (a) Beginning with the 2013-2014 school year, each local school system shall provide opportunities to all students in grades three through 12 enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for:
(1) Full-time virtual instruction for students enrolled in grades three through 12; and (2) Part-time virtual instruction for students enrolled in grades three through 12. A virtual instruction program conducted by a local school system shall include specific provision for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133.

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(b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms:
(1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Enter into a contract with an approved provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2) or (3) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers approved to offer virtual instruction programs. To be approved by the department, a provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student performance improvements for each subject area and grade level provided for consideration as instructional program options; (2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including:
(A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; and (3) Publishes, in accordance with disclosure requirements adopted by the State Board of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios;

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(E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2013-2014 school year shall reapply for approval to provide a part-time program for students in grades three through 12. (e) Each contract with an approved provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for each grade level and subject.

20-2-319.4. No later than December 1, 2012, the Department of Education shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which identifies and explains the best methods and strategies for enabling the department to assist local boards of education in acquiring digital learning at as reasonable prices as possible by providing a plan under which local boards may voluntarily pool their bids for such purchases. The report shall identify criteria that will enable local boards to differentiate between the level of service as well as pricing based upon such factors as the level of student support, the frequency of teacher-student communications, instructional accountability standards, and academic integrity. The report shall also examine ways to increase student access to digital learning."

SECTION 6. Said chapter is further amended in Code Section 20-2-1013, relating to the free textbook system, care and protection of textbooks, library books, and media materials, and reimbursement by pupils or parents, by revising subsection (b) as follows:
"(b) All hardbound or softbound textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost:

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(1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect."

SECTION 7. Said chapter is further amended by revising Code Section 20-2-1015, relating to the electronic format version requirement, as follows:
"20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook, which may include a digital version."

SECTION 8. Said chapter is further amended by repealing and reserving Code Section 20-2-1183, relating to possession of electronic communication devices in school.

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

Approved May 1, 2012.

__________

APPEALS COURTS CRIMES AND OFFENSES CRIMINAL PROCEDURE LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS COMPREHENSIVE CRIMINAL JUSTICE REFORM.

No. 709 (House Bill No. 1176).

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 change provisions relating to the state's right to appeal; to amend Titles 15, 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, respectively, so as to enact provisions

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recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to change provisions relating to drug and mental health court divisions; to provide for performance measures and best practices; to provide for certification; to provide for funding; to provide for oversight by the Judicial Council of Georgia; to increase the fees for pretrial intervention and diversion programs; to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes; to substantially revise punishment provisions and the elements of the crimes of burglary, theft, shoplifting, counterfeit Universal Product Codes, forgery, deposit account fraud, controlled substances, and marijuana; to provide for and change definitions; to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, aggravated sodomy, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to change provisions relating to recidivist punishment; to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to expand mandatory reporting requirements and provide for exceptions; to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to provide for definitions; to provide for time frames within which certain actions must be taken with respect to restricting access to records or modifying, correcting, supplementing, or amending criminal records; to provide for procedure; to provide for individuals who have not been convicted to have their arrest records restricted; to provide for having the arrest records of individuals convicted of certain misdemeanor offenses restricted under certain circumstances; to provide that the Board of Corrections adopt certain rules and regulations; to change provisions relating to the administration of supervision of felony probationers; to provide for the use of graduated sanctions in disciplining probationers who violate the terms of their probation; to change provisions relating to terms and conditions of probation; to provide for a maximum stay in probation detention centers; to clarify provisions relating to probation supervision and provide for early termination of a sentence; to amend Titles 5, 15, 16, 17, 31, 36, and 42 of the Official Code of Georgia Annotated, relating to appeal and error, courts, crimes and offenses, criminal procedure, health, local government, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I APPEAL BY THE STATE
SECTION 1-1.

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 paragraph (7) of subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable, as follows:
"(7) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial;"

SECTION 1-2. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments and exceptions, as follows:
"(2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1."

PART II DRUG AND MENTAL HEALTH COURT DIVISIONS, DIVERSION PROGRAMS, AND THE COUNTY DRUG
ABUSE TREATMENT AND EDUCATION FUND

SECTION 2-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-1-15, relating to drug court divisions, as follows:
"(a)(1) Any court that has jurisdiction over any criminal case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug may establish a drug court division to provide an alternative to the traditional judicial system for disposition of such cases. (2) In any case which arises from the use, addiction, dependency, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug or is ancillary to such conduct and the defendant meets the eligibility criteria for the drug court division, the court may assign the case to the drug 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 drug court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, probation officers, and persons having expertise in the field of substance abuse. The

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work plan shall address the operational, coordination, resource, information management, and evaluation needs of the drug court division. The work plan shall include drug court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that drug court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing.
(4)(A) On or before January 1, 2013, the Judicial Council of Georgia shall establish standards and practices for drug court divisions taking into consideration guidelines and principles based on current research and findings published by the National Drug Court Institute and the Substance Abuse and Mental Health Services Administration, relating to practices shown to reduce recidivism of offenders with drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Georgia shall update its standards and practices to incorporate research, findings, and developments in the drug court field. Each drug court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Georgia. (B) On and after January 1, 2013, the Judicial Council of Georgia shall provide technical assistance to drug court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in drug court divisions. (C) On or before July 1, 2013, the Judicial Council of Georgia shall create and manage a certification and peer review process to ensure drug court divisions are adhering to the Judicial Council of Georgia's standards and practices and shall create a waiver process for drug court divisions to seek an exception to the Judicial Council of Georgia's standards and practices. In order to receive state appropriated funds, any drug court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Georgia, shall receive a waiver from the Judicial Council of Georgia. (D) On and after July 1, 2013, the award of any state funds for a drug court division shall be conditioned upon a drug court division attaining certification or a waiver by the Judicial Council of Georgia. On or before September 1, the Judicial Council of Georgia shall publish an annual report listing certified drug court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all drug court divisions. The Judicial Council of Georgia shall identify elements necessary for

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performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a drug court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Georgia shall conduct a performance peer review of the drug court divisions for the purpose of improving drug court division policies and practices and the certification and recertification process. (5) The court instituting the drug court division may request the prosecuting attorney for the jurisdiction to designate one or more prosecuting attorneys to serve in the drug court division and may request the public defender, if any, to designate one or more assistant public defenders to serve in the drug court division. (6) The clerk of the court instituting the drug court division or such clerk's designee shall serve as the clerk of the drug court division. (7) The court instituting the drug court division may request probation officers and other employees of the court to perform duties for the drug court division. Such employees shall perform duties as directed by the judges of the drug court division. (8) The court instituting the drug court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the drug court division. (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 drug court division, federal grant funds, and funds from private donations. (10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."

SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows:
"(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 mental health court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that mental health court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. 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)(A) On or before January 1, 2013, the Judicial Council of Georgia shall establish standards and practices for mental health court divisions taking into consideration guidelines and principles based on current research and findings published by expert organizations, including, but not limited to, the United States Substance Abuse and Mental Health Services Administration, the Council of State Governments Consensus Project, and the National GAINS Center, relating to practices shown to reduce recidivism of offenders with mental illness or developmental disabilities. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Georgia shall update its standards and practices to incorporate research, findings, and developments in the mental health court field. Each mental health court division shall adopt policies and practices that are

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consistent with the standards and practices published by the Judicial Council of Georgia. (B) On and after January 1, 2013, the Judicial Council of Georgia shall provide technical assistance to mental health court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in mental health court divisions. (C) On or before July 1, 2013, the Judicial Council of Georgia shall create and manage a certification and peer review process to ensure mental health court divisions are adhering to the Judicial Council of Georgia's standards and practices and shall create a waiver process for mental health court divisions to seek an exception to the Judicial Council of Georgia's standards and practices. In order to receive state appropriated funds, any mental health court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Georgia, shall receive a waiver from the Judicial Council of Georgia. (D) On and after July 1, 2013, the award of any state funds for a mental health court division shall be conditioned upon a mental health court division attaining certification or a waiver by the Judicial Council of Georgia. On or before September 1, the Judicial Council of Georgia shall publish an annual report listing of certified mental health court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The Judicial Council of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a mental health court division, drug testing results, drug testing failures, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Georgia shall conduct a performance peer review of the mental health court divisions for the purpose of improving mental health court division policy and practices and the certification and recertification process. (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. (10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."

SECTION 2-3. Said title is further amended by revising subsection (f) of Code Section 15-18-80, relating to policy and procedure for pretrial intervention and diversion programs, as follows:
"(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $1,000.00 for the administration of the program. Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted."

SECTION 2-4. Said title is further amended by revising Article 6 of Chapter 21, relating to the County Drug Abuse Treatment and Education Fund, as follows:

"ARTICLE 6

15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, 16-13-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of:
(1) Code Section 3-3-23.1; (2) Code Section 40-6-391; or (3) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391.

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If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable. (b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.' (b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances, alcohol, and marijuana; and (2) If a drug court division has been established in the county under Code Section 15-1-15, for purposes of the drug court division. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treatment or education programs or drug court divisions."

PART III CRIMES AND OFFENSES

SECTION 3-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-7-1, relating to burglary, as follows:
"16-7-1. (a) As used in this Code section, the term:
(1) 'Dwelling' means any building, structure, or portion thereof which is designed or intended for occupancy for residential use. (2) 'Railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. (b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle,

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railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more that 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years. (c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years. (d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld."

SECTION 3-2. Said title is further amended by revising Code Section 16-8-12, relating to penalties for theft in violation of Code Sections 16-8-2 through 16-8-9, as follows:
"16-8-12. (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years; (B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion of the trial judge, as for a misdemeanor; (C) If the property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; and (D) If the defendant has two prior convictions for a violation of Code Sections 16-8-2 through 16-8-9, upon a third conviction or subsequent conviction, such defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;

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(3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;
(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by Code Section 16-7-80. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned

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land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $1,000.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $1,000.00; (8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or any combination of such penalties. For purposes of this paragraph, the term 'vehicle' includes, without limitation, any railcar; or (9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both. (b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $1,000.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case."

SECTION 3-3. Said title is further amended by revising Code Section 16-8-14, relating to theft by shoplifting, as follows:
"16-8-14. (a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

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(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise. (b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:
(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated; (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. (2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject

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of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c) In all cases involving theft by shoplifting, the term 'value' means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors."

SECTION 3-4. Said title is further amended by revising Code Section 16-8-17, relating to counterfeit Universal Product Codes, as follows:
"16-8-17. (a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both. (2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years."

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SECTION 3-5. Said title is further amended by revising Code Sections 16-9-1, 16-9-2, and 16-9-3, relating to forgery in the first degree, forgery in the second degree, and "writing" defined, respectively, as follows:
"16-9-1. (a) As used in this Code section, the term:
(1) 'Bank' means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business. (2) 'Check' means any instrument for the payment or transmission of money payable on demand and drawn on a bank. (3) 'Writing' includes, but shall not be limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification. (b) A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (c) A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. (d) A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. (e) A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by

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another person, at another time, with different provisions, or by authority of one who did not give such authority.

16-9-2. (a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years. (b) A person who commits the offense of forgery in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) A person who commits the offense of forgery in the third degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (d) A person who commits the offense of forgery in the fourth degree shall be guilty of a misdemeanor; provided, however, that upon the third and all subsequent convictions for such 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.

16-9-3. Reserved."

SECTION 3-6. Said title is further amended by revising subsection (b) of Code Section 16-9-20, relating to deposit account fraud, as follows:
"(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(A) When the instrument is for less than $500.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both; (B) When the instrument is for $500.00 or more but less than $1,000.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or (C) When more than one instrument is involved and such instruments were drawn within 90 days of one another and each is in an amount less than $500.00, the amounts of such separate instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. (2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than $1,000.00 nor more than $1,499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one instrument is involved and such instruments were given to the same entity within a 15 day period and the cumulative total of such instruments is not less than $1,000.00 nor more

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than $1,499.00, the person drawing and giving such instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature. (3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for $1,500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both. (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence."

SECTION 3-7A. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 15 years. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not

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apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 15 years. (f) Reserved. (g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years. (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.

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(l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 15 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense."

SECTION 3-7B. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least

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four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at lease two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime. (g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years.

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(h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 15 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (m) As used in this Code section, the term 'solid substance' means tablets, pills, capsules, caplets, or any varient of such items."

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SECTION 3-7C. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

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(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at lease two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime. (g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years. (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

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(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at lease two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (m) As used in this Code section, the term 'solid substance' means tablets, pills, capsules, caplets, or any varient of such items."

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SECTION 3-8. Said title is further amended by revising subsection (h) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows:
"(h) Any person who violates any provision of this Code section shall be punished as provided for in the applicable mandatory minimum punishment and for not more than 30 years of imprisonment and by a fine not to exceed $1 million."

PART IV CRIMINAL PROCEDURE

SECTION 4-1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-3-1, relating to limitation on prosecutions generally, as follows:
"17-3-1. (a) A prosecution for murder may be commenced at any time. (b) Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime. (c) Except as otherwise provided in Code Section 17-3-2.1, prosecution for felonies other than those specified in subsections (a), (b), and (d) of this Code section shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years shall be commenced within seven years after the commission of the crime. (d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

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(e) Prosecution for misdemeanors shall be commenced within two years after the commission of the crime."

SECTION 4-2. Said title is further amended by revising Code Section 17-3-2.1, relating to limitation on prosecution of certain offenses involving a victim under 16 years of age, as follows:
"17-3-2.1. (a) For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if the victim of a violation of:
(1) Cruelty to children, as defined in Code Section 16-5-70; (2) Rape, as defined in Code Section 16-6-1; (3) Sodomy or aggravated sodomy, as defined in Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3; (5) Child molestation or aggravated child molestation, as defined in Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or (7) Incest, as defined in Code Section 16-6-22, is under 16 years of age on the date of the violation, the applicable period within which a prosecution shall be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. (b) For crimes committed on and after July 1, 2012, if the victim of a violation of: (1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46; (2) Cruelty to children in the first degree, as defined in Code Section 16-5-70; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated sodomy, as defined in Code Section 16-6-2; (5) Child molestation or aggravated child molestation, as defined in Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or (7) Incest, as defined in Code Section 16-6-22, is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any time. "

SECTION 4-3. Said title is further amended by revising paragraphs (2) and (5) of subsection (a) of Code Section 17-10-1, relating to fixing of sentence, as follows:

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"(2) Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under the 'Georgia Street Gang Terrorism and Prevention Act,' the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Active probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles. As used in this paragraph, the term 'active probation supervision' shall have the same meaning as the term 'active supervision' as set forth in Code Section 42-1-1."
"(5)(A) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of active probation supervision or administrative probation supervision on motion of the defendant or on its own motion, or upon the request of a probation supervisor, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney. (B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in this state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section. (C) As used in this paragraph, the terms 'active probation supervision' and 'administrative probation supervision' shall have the same meanings as the terms 'active supervision' and 'administrative supervision,' respectively, as set forth in Code Section 42-1-1."

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SECTION 4-4. Said title is further amended by revising subsections (a) and (c) of Code Section 17-10-7, relating to punishment of repeat offenders, and by adding a new subsection (b.1) to read as follows:
"(a) Except as otherwise provided in subsection (b) or (b.1) of this Code section, any person who, after having been convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, commits a felony punishable by confinement in a penal institution shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense." "(b.1) Subsections (a) and (c) of this Code section shall not apply to a second or any subsequent conviction for any violation of subsection (a), paragraph (1) of subsection (i), or subsection (j) of Code Section 16-13-30. (c) Except as otherwise provided in subsection (b) or (b.1) of this Code section, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served."

PART V MANDATORY REPORTING OF CHILD ABUSE

SECTION 5-1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by revising subsections (b), (c), (e),and (g) as follows:
"(b) As used in this Code section, the term: (1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-111. (2) 'Abused' means subjected to child abuse. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child.

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However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (5) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (7) 'Pregnancy resource center' means an organization or facility that:
(A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality. (8) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (10) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or

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(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (11) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (c)(1) The following persons having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section: (A) Physicians licensed to practice medicine, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43 or nurse's aides; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) School teachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; (N) Law enforcement personnel; or (O) Reproductive health care facility or pregnancy resource center personnel and volunteers. (2) If a person is required to report child abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as an employee of or volunteer at a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. An employee or volunteer who makes a report to the person designated pursuant to this

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paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, modification, or make other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report." "(e) An oral report shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital employees or volunteers, physicians, law enforcement personnel, school officials, or employees or volunteers of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority." "(g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law; provided, however, that a member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator."

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PART VI RESTRICTING RECORDS

SECTION 6-1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising paragraph (1) of subsection (a) of Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, by deleting "and" at the end of subparagraph (B), by replacing "or" with "and" at the end of subparagraph (C), and by adding a new subparagraph to read as follows:
"(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 35-3-37; or"

SECTION 6-2. Said title is further amended by repealing Code Section 35-3-37, relating to inspection, purging, modifying, or supplementing of criminal records, and enacting a new Code Section 35-3-37 to read as follows:
"35-3-37. (a) As used in this Code section, the term:
(1) 'Drug court treatment program' means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15. (2) 'Entity' means the arresting law enforcement agency, including county and municipal jails and detention centers. (3) 'Mental health treatment program' means a treatment program operated by a mental health court division in accordance with the provisions of Code Section 15-1-16. (4) 'Nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such offense under the laws of a state which would not be considered a serious traffic offense under the laws of this state if committed in this state. (5) 'Prosecuting attorney' means the Attorney General, a district attorney, or the solicitor-general who had jurisdiction where the criminal history record information is sought to be modified, corrected, supplemented, amended, or restricted. If the offense was a violation of a criminal law of this state which, by general law, may be tried by a municipal, magistrate, probate, or other court that is not a court of record, the term 'prosecuting attorney' shall include the prosecuting officer of such court or, in the absence of such prosecuting attorney, the district attorney of the judicial circuit in which such court is located. (6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular charge shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures

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established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34. (7) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (8) 'State' includes any state, the United States or any district, commonwealth, territory, or insular possession of the United States, and the Trust Territory of the Pacific Islands. (9) 'Youthful offender' means any offender who was less than 21 years of age at the time of his or her conviction. (b) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity of this state to invade the privacy of any citizen as defined by the General Assembly or as defined by the courts other than to the extent provided in this article. (c) The center shall make an individual's criminal history record information available for review by such individual or his or her designee upon written application to the center. (d) If an individual believes his or her criminal history record information to be inaccurate, incomplete, or misleading, he or she may request a criminal history record information inspection at the center. The center at which criminal history record information is sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures or restrictions, including fingerprinting, as are reasonably necessary to assure the security of the criminal history record information, to verify the identities of those who seek to inspect such information, and to maintain an orderly and efficient mechanism for inspection of criminal history record information. The fee for inspection of criminal history record information shall not exceed $15.00, which shall not include the cost of the fingerprinting. (e) If the criminal history record information is believed to be inaccurate, incomplete, or misleading, the individual may request that the entity having custody or control of the challenged information modify, correct, supplement, or amend the information and notify the center of such changes within 60 days of such request. In the case of county and municipal jails and detention centers, such notice to the center shall not be required. If the entity declines to act within 60 days of such request or if the individual believes the entity's decision to be unsatisfactory, within 30 days of the end of the 60 day period or of the issuance of the unsatisfactory decision, whichever occurs last, the individual shall have the right to appeal to the court with original jurisdiction of the criminal charges in the county where the entity is located. (f) An appeal pursuant to subsection (e) of this Code section shall be to acquire an order from the court with original jurisdiction of the criminal charges that the subject information be modified, corrected, supplemented, or amended by the entity with custody of such information. Notice of the appeal shall be provided to the entity and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the entity having custody or control of the disputed criminal history

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record information. The court shall conduct a de novo review and, if requested by a party, the proceedings shall be recorded.
(g)(1) Should the court find by a preponderance of the evidence that the criminal history record information in question is inaccurate, incomplete, or misleading, the court shall order such information to be appropriately modified, corrected, supplemented, or amended as the court deems appropriate. Any entity with custody, possession, or control of any such criminal history record information shall cause each and every copy thereof in its custody, possession, or control to be altered in accordance with the court's order within 60 days of the entry of the order. (2) To the extent that it is known by the requesting individual that an entity has previously disseminated inaccurate, incomplete, or misleading criminal history record information, he or she shall, by written request, provide to the entity the name of the individual, agency, or company to which such information was disseminated. Within 60 days of the written request, the entity shall disseminate the modification, correction, supplement, or amendment to the individual's criminal history record information to such individual, agency, or company to which the information in question has been previously communicated, as well as to the individual whose information has been ordered so altered. (h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions: (1) Prior to indictment, accusation, or other charging instrument:
(A) The case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division. A copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail; or (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:
(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years; (II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or (III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years.

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If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34. (B) The case was referred to the prosecuting attorney but was later dismissed; or (C) The grand jury returned two no bills; and (2) After indictment or accusation: (A) Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed; (B) The individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; (C) The individual successfully completed a drug court treatment program or mental health treatment program, the individual's case has been dismissed or nolle prossed, and he or she has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense; or (D) The individual was acquitted of all of the charges by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either: (i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or (ii) The individual has been formally charged with the same or similar offense within the previous five years. (i) After the filing of an indictment or accusation, an individual's criminal history record information shall not be restricted if: (1) The charges were nolle prossed or otherwise dismissed because: (A) Of a plea agreement resulting in a conviction of the individual for an offense arising out of the same underlying transaction or occurrence as the conviction; (B) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; (C) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of the state or a foreign nation; or (D) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution; (2) The charges were tried and some but not all of the charges resulted in an acquittal; or

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(3) The individual was acquitted of all charges but it is later determined that the acquittal was the result of jury tampering or judicial misconduct. (j)(1) When an individual had felony charges dismissed or nolle prossed or was found not guilty of felony charges but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such felony charges within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines the charges in question did not arise out of the same underlying transaction or occurrence. (2) When an individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court or other post-conviction court, the decision of which has become final by the completion of the appellate process, and the prosecuting attorney has not retried the case within two years of the date the order vacating or reversing the conviction became final, such individual may petition the superior court in the county where the conviction occurred to restrict access to criminal history record information for such offense. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the judgment was reversed or vacated, the reason the prosecuting attorney has not retried the case, and the public's interest in the criminal history record information being publicly available. (3) When an individual's case has remained on the dead docket for more than 12 months, such individual may petition the superior court in the county where the case is pending to restrict access to criminal history record information for such offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the case was placed on the dead docket; provided, however, that the court shall not grant such motion if an active warrant is pending for such individual
(4)(A) When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, and at the time of such conviction such individual was a youthful offender, provided that such individual successfully completed the terms of his or her sentence and, since completing the terms of his or her

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sentence, has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense, and provided, further, that he or she was not convicted in this state of a misdemeanor violation or under any other state's law with similar provisions of one or more of the offenses listed in subparagraph (B) of this paragraph, he or she may petition the superior court in the county where the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the individual's conduct and the public's interest in the criminal history record information being publicly available. (B) Record restriction shall not be appropriate if the individual was convicted of:
(i) Child molestation in violation of Code Section 16-6-4; (ii) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (iii) Sexual assault by persons with supervisory or disciplinary authority in violation of Code Section 16-6-5.1; (iv) Keeping a place of prostitution in violation of Code Section 16-6-10; (v) Pimping in violation of Code Section 16-6-11; (vi) Pandering by compulsion in violation of Code Section 16-6-14; (vii) Masturbation for hire in violation of Code Section 16-6-16; (viii) Giving massages in a place used for lewdness, prostitution, assignation, or masturbation for hire in violation of Code Section 16-6-17; (ix) Sexual battery in violation of Code Section 16-6-22.1; (x) Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16; (xi) Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting in violation of Code Section 16-8-14; or (xii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40. (5) Any party may file an appeal of an order entered pursuant to this subsection as provided in Code Section 5-6-34. (k)(1) The center shall notify the arresting law enforcement agency of any criminal history record information, access to which has been restricted pursuant to this Code section, within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to criminal history record information has been restricted, the arresting law enforcement agency or other law enforcement agency shall, within 30 days, restrict access to all such information maintained by such arresting law enforcement agency or other law enforcement agency for such individual's charge. (2) An individual who has had criminal history record information restricted pursuant to this Code section may submit a written request to the appropriate county or municipal jail

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or detention center to have all records for such individual's charge maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual's charge. (3) The center shall be authorized to unrestrict criminal history record information based on the receipt of a disposition report showing that the individual was convicted of an offense arising out of an arrest of which the information was restricted pursuant to this Code section. (l) If criminal history record information is restricted pursuant to this Code section and if the entity declines to restrict access to such information, the individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the entity shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (h) or (j) of this Code section. (m)(1) For criminal history record information maintained by the clerk of court, an individual who has a record restricted pursuant to this Code section may petition the court with original jurisdiction over the charges in the county where the clerk of court is located for an order to seal all criminal history record information maintained by the clerk of court for such individual's charge. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice. (2) The court shall order all criminal history record information in the custody of the clerk of court, including within any index, to be restricted and unavailable to the public if the court finds by a preponderance of the evidence that:
(A) The criminal history record information has been restricted pursuant to this Code section; and (B) The harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (3) Within 60 days of the court's order, the clerk of court shall cause every document, physical or electronic, in its custody, possession, or control to be restricted. (4) The person who is the subject of such sealed criminal history record information may petition the court for inspection of the criminal history record information included in the court order. Such information shall always be available for inspection, copying, and use by criminal justice agencies and the Judicial Qualifications Commission. (n)(1) As to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the

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center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00. (2) Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if he or she agrees to record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. The arresting law enforcement agency shall inform the individual of the prosecuting attorney's decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney's decision. (3) If a prosecuting attorney declines an individual's request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney shall not be upheld if it is determined by clear and convincing evidence that the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (4) To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney's approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days from receiving such information. (o) Nothing in this Code section shall give rise to any right which may be asserted as a defense to a criminal prosecution or serve as the basis for any motion that may be filed in any criminal proceeding. The modification, correction, supplementation, amendment, or restriction of criminal history record information shall not abate or serve as the basis for the reversal of any criminal conviction. (p) Any application to the center for access to or restriction of criminal history record information made pursuant to this Code section shall be made in writing on a form approved by the center. The center shall be authorized to develop and publish such procedures as may be necessary to carry out the provisions of this Code section. In adopting such procedures and forms, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not apply. (q) It shall be the duty of the entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information is restricted pursuant to this Code section. (r) If the center has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within

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the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual's eligibility to possess or transport a handgun."

PART VII PENAL INSTITUTIONS

SECTION 7-1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-1-1, relating to giving information to or receiving money from an inmate in a penal institution, as follows:
"42-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Active supervision' means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor or is otherwise under the direct supervision of a probation supervisor. (2) 'Administrative supervision' means the period of probation supervision that has reduced supervision and reporting requirements commensurate with and that follows active supervision but that is prior to the termination of a sentence. (3) 'Board' means the Board of Corrections. (4) 'Case plan' means an individualized accountability and behavior change strategy for a probationer, as applicable. (5) 'Commissioner' means the commissioner of corrections. (6) 'Criminal risk factors' means characteristics and behaviors that affect a person's risk for committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality, criminal thinking, criminal associates, having a dysfunctional family, having low levels of employment or education, poor use of leisure and recreation time, and substance abuse. (7) 'Department' means the Department of Corrections. (8) 'Graduated sanctions' means:
(A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service or work crews; (D) Referral to substance abuse or mental health treatment or counseling programs in the community; (E) Increased substance abuse screening and monitoring; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; and (G) An intensive supervision program.

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(9) 'Risk and needs assessment' means an actuarial tool, approved by the board and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."

SECTION 7-2. Said title is further amended by adding a new Code section to read as follows:
"42-1-11.2. (a) No employee of a penal institution shall give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity. (b) Any person who violates this Code section shall be guilty of a misdemeanor."

SECTION 7-3. Said title is further amended by revising Code Section 42-2-1, relating to definitions, as follows:
"42-2-1. There is created the Department of Corrections."

SECTION 7-4. Said title is further amended by revising subsection (c) of Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, as follows:
"(c)(1) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(2)(A) As used in this paragraph, the term: (i) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (ii) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a department or jail facility.
(B) The board shall adopt rules and regulations governing the management and treatment of inmates and probationers to ensure that evidence based practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to preparing inmates for release into the community and managing probationers in the community. The board shall require the department to collect and analyze data and performance outcomes relevant to the level and type of treatment given to an inmate or probationer and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be

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submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on State Institutions and Property and the Senate State Institutions and Property Committee."

SECTION 7-5. Said title is further amended by revising subsection (a) of Code Section 42-5-50, relating to the transmittal of information on convicted persons, as follows:
"(a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence and send other documents set forth in this Code section. Such notice shall be submitted electronically and shall contain the following documents:
(1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indictment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed; (4) Order of probation revocation or tolling of probation; and (5) A copy of the sentencing information report is required in all jurisdictions with an options system day reporting center certified by the department. The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution as set forth in subsection (b) of this Code Section. All of the aforementioned documents shall be submitted on forms provided by the commissioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within 30 working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service."

SECTION 7-6. Said title is further amended by revising Code Section 42-8-21, relating to definitions for the state-wide probation system, as follows:
"42-8-21. Reserved."

SECTION 7-7. Said title is further amended by revising Code Section 42-8-23, relating to the administration of supervision of probationers by the Department of Corrections, as follows:

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"42-8-23. (a) As used in this Code section, the term 'chief probation officer' means the highest ranking field probation officer in each judicial circuit who does not have direct supervision of the probationer who is the subject of the hearing. (b) The department shall administer the supervision of felony probationers. (c) If graduated sanctions have been made a condition of probation by the court and if a probationer violates the conditions of his or her probation, other than for the commission of a new offense, the department may impose graduated sanctions as an alternative to judicial modification or revocation of probation, provided that such graduated sanctions are approved by a chief probation officer. (d) The failure of a probationer to comply with the graduated sanction or sanctions imposed by the department shall constitute a violation of probation. (e) A probationer may at any time voluntarily accept the graduated sanctions proposed by the department.
(f)(1) The department's decision shall be final unless the probationer files an appeal in the sentencing court. Such appeal shall be filed within 30 days of the issuance of the decision by the department. (2) Such appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (3) When the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law. (g) Nothing contained in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article nor be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders."

SECTION 7-8. Said title is further amended by revising Code Section 42-8-35, relating to terms and conditions of probation, as follows:
"42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or

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(B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationer's legal dependents to the best of the probationer's ability; (11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; (13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department; (14) Wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; (15) Complete a residential or nonresidential program for substance abuse or mental health treatment as indicated by a risk and needs assessment; and (16) Agree to the imposition of graduated sanctions when, in the discretion of the probation supervisor, the probationer's behavior warrants a graduated sanction. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication;

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(3) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access, including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (4) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation officer or law enforcement agency."

SECTION 7-9. Said title is further amended by revising subsection (a) of Code Section 42-8-35.4, relating to confinement in probation detention centers, as follows:
"(a) In addition to any other terms and conditions of probation provided for in this article, the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that probation, a program of confinement, not to exceed 180 days, in a probation detention center. Probationers so sentenced shall be required to serve the period of confinement, not to exceed 180 days, specified in the court order."

SECTION 7-10. Said title is further amended by revising Code Section 42-8-37, relating to the effect of termination of the period of probation, as follows:
"42-8-37. (a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interests of justice and the welfare of society, may discharge the probationer from further supervision. (c) The case of each person receiving a probated sentence of more than two years shall be reviewed by the probation supervisor responsible for that case after service of two years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's recommendation as to early termination. Each

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such case shall be reviewed and a written report submitted annually thereafter until the termination, expiration, or other disposition of the case."

SECTION 7-11. Said title is further amended by revising subsection (a) of Code Section 42-8-38, relating to the arrest of the probationer for a violation of the terms of probation, as follows:
"(a) Whenever, within the period of probation, a probation supervisor believes that a probationer under his or her supervision has violated his or her probation in a material respect, if graduated sanctions have been made a condition of probation by the court, the probation supervisor may impose graduated sanctions as set forth in Code Section 42-8-23 to address the specific conduct leading to such violation or, if the circumstances warrant, may arrest the probationer without warrant, wherever found, and return the probationer to the court granting the probation or, if under supervision in a county or judicial circuit other than that of conviction, to a court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to issue warrants may issue a warrant for the arrest of the probationer upon the affidavit of one having knowledge of the alleged violation, returnable forthwith before the court in which revocation proceedings are being brought."

PART VIII CROSS-REFERENCES

SECTION 8-1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended in subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12) All judgments or orders entered pursuant to Code Section 35-3-37."

SECTION 8-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-10-260, relating to jurisdiction for magistrate courts, as follows:
"15-10-260. (a) This article governs trials of misdemeanor violations of Code Sections 16-13-30 and 16-13-2, relating to possession of less than one ounce of marijuana; Code Section 16-8-14, relating to misdemeanor theft by shoplifting; Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; and Code Section 16-7-21, relating to criminal trespass.

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(b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county. (c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2; (2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14; (3) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and (4) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21. (d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases."

SECTION 8-3. Said title is further amended by revising subsection (a) of Code Section 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, as follows:
"(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary in any degree if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary in any degree if done by an adult on three or more previous occasions."

SECTION 8-4. Said title is further amended by revising subsection (e) of Code Section 15-11-83, relating to when a child may be fingerprinted or photographed and confidentiality of information, as follows:
"(e) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4 or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed pursuant to this subsection, and the Georgia Bureau of Investigation shall treat such records in the same manner as criminal history record information restricted pursuant to Code Section 35-3-37."

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SECTION 8-5 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, as follows:
"(e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary in any degree; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection."

SECTION 8-6. Said title is further amended by revising division (9)(A)(viii) of Code Section 16-14-3, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," as follows:
"(viii) Code Section 16-9-1, relating to forgery in any degree;"

SECTION 8-7. Said title is further amended by revising Code Section 16-16-1, relating to definitions regarding forfeiture of property used in burglary or armed robbery, as follows:
"16-16-1. As used in this chapter, the term:
(1) 'Armed robbery' means the offense defined in subsection (a) of Code Section 16-8-41. (2) 'Burglary' means the offense defined in Code Section 16-7-1 in any degree."
SECTION 8-8. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (11) of subsection (a) of Code Section 17-6-1, relating to where offenses bailable, procedure, schedule of bails, and appeal bonds, as follows:
"(11) Kidnapping, arson, aggravated assault, or burglary in any degree if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary in any degree, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection;"

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SECTION 8-9. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases, as follows:
"(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement; or (E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon or first offender probationer,
in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury."

SECTION 8-10. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution, as follows:
"(10) Kidnapping, arson, or burglary in any degree if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection;"

SECTION 8-11. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 17-10-30, relating to procedure for imposition of the death penalty generally, as follows:
"(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary in any degree or arson in the first degree;"

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SECTION 8-12. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subparagraph (G) of paragraph (2) of Code Section 31-7-250, relating to definitions for personal care home licensing and employee record checks, as follows:
"(G) A felony violation of Code Section 16-9-1;"

SECTION 8-13. Said title is further amended by revising subparagraph (K) of paragraph (2) of Code Section 31-7-350, relating to definitions for nursing home employee record checks, as follows:
"(K) A felony violation of Code Section 16-9-1;"

SECTION 8-14. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-32-9, relating to the jurisdiction of shoplifting of $300.00 in municipal courts, as follows:
"36-32-9. (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a misdemeanor theft by shoplifting if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any person charged in a municipal court with misdemeanor theft by shoplifting shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (c) A person convicted in a municipal court of misdemeanor theft by shoplifting shall be punished as provided in paragraph (1) of subsection (b) of Code Section 16-8-14, provided that nothing in this Code section or Code Section 16-8-14 shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter. (d) Any fines and forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipality and shall be paid into the treasury of such municipality. (e) It shall be the duty of the appropriate agencies of the municipality in which an offense under subsection (a) of this Code section is charged to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35."

SECTION 8-15. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising paragraph (2) of subsection (a) of Code Section 42-5-85, relating to delegation of authority to issue limited leave privileges, as follows:

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"(2) The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary in any degree, or arson in the first degree;"

PART IX EFFECTIVE DATE, APPLICABILITY, AND REPEALER

SECTION 9-1. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.
(b)(1) Section 3-7B of this Act shall become effective on July 1, 2013, at which time, Section 3-7A of this Act shall be superceded and repealed in its entirety, and Section 3-7B of this Act shall apply to offenses which occur on or after July 1, 2013. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act. (2) Section 3-7C of this Act shall become effective on July 1, 2014, at which time, Section 3-7B of this Act shall be superceded and repealed in its entirety, and Section 3-7C of this Act shall apply to offenses which occur on or after July 1, 2014. Any offense occurring before July 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act. (c) Part VI and Sections 8-1 and 8-4 of this Act shall become fully effective on July 1, 2013; provided, however, that for the purpose of preparing for implementation of Part VI of this Act, said part shall become effective on July 1, 2012.

SECTION 9-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2012.

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LABOR AND INDUSTRIAL RELATIONS UNEMPLOYMENT COMPENSATION; TAXABLE WAGES; STATE-WIDE RESERVE RATIO; WEEKLY BENEFIT AMOUNT.

No. 710 (House Bill No. 347).

AN ACT

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to the State-wide Reserve Ratio; to change certain provisions relating to determination of the weekly benefit amount; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising paragraph (1) of subsection (b) of Code Section 34-8-49, relating to wages, as follows:
"(1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, 'taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts:
(A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; (D) For the period January 1, 1990, through December 31, 2012 -- $8,500.00; and (E) January 1, 2013, and thereafter $9,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;"

SECTION 2. 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

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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 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; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, 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 2013 or any calendar year thereafter, 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

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computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 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 3. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, as follows:
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall be the lesser of:
(A) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (B) One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable

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under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30."

SECTION 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 2012.

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

Approved May 2, 2012.

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REVENUE AND TAXATION SALES AND USE TAXES; ADVERTISEMENT OF PAYMENT OF TAX BY RETAILER; REPORTING OF EXPENDITURES OF SPECIAL PURPOSE LOCAL OPTION SALES TAX PROCEEDS; ENFORCEMENT ACTIONS; EXCISE TAX ON ENERGY USED IN MANUFACTURING.

No. 711 (Senate Bill No. 332).

AN ACT

To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide that retailers may under certain circumstances advertise that the retailer will pay the purchaser's sales and use tax on a transaction; to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, to provide for certain procedures to be used to implement a local excise tax on energy; 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 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, is amended by revising Code Section 48-8-36, relating to prohibition of advertising by dealer of his or her assumption of payment of tax, as follows:
"48-8-36. No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless:
(1) The retailer includes in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the retailer; and (2) The retailer furnishes the purchaser with written evidence that the retailer will be liable for and pay any tax the purchaser was relieved from paying under this Code section.

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If a retailer advertises that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the retailer, the retailer shall be solely liable for and shall pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser or consumer."

SECTION 2. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, is amended by revising Code Section 48-8-122, relating to record of projects on which tax proceeds are used and annual reporting and newspaper publication of report, as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government and in a prominent location on the local government website, if such local government maintains a website, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, amounts expended in the current year, any excess proceeds which have not been expended for a project or purpose, estimated completion date, and the actual completion cost of a project completed during the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"48-8-124. The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this part, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person or entity, the Attorney General

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shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this part."

SECTION 4. Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, is amended by revising Code Section 48-13-115, relating to the implementation of the excise tax, as follows:
"48-13-115. (a)(1) Within 30 days following the meeting required under Code Section 48-13-113, if the governing authority of the county within the special district fails or refuses to enter into an intergovernmental agreement with the governing authority of each municipality wishing to participate in such excise tax, then the governing authority of each municipality wishing to levy the excise tax shall be authorized to adopt an ordinance levying the excise tax within the corporate limits of such municipality. If a county elects not to participate in such excise tax by not signing such agreement, then the county shall not receive any proceeds from the excise tax. The proceeds of such excise tax shall be deposited in the general fund of each municipality. (2) If, subsequent to the levy of an excise tax by a municipality under paragraph (1) of this subsection, a county determines to commence proceedings for the imposition of the excise tax under this article, then proceedings for such imposition shall commence in the same manner as otherwise provided under Code Section 48-13-113. Except as to a municipality that levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, if a county complies with the requirements of this article and enacts an ordinance imposing the excise tax, the excise tax levied by such municipality shall cease on the day immediately prior to the day the new tax levied by the county commences. If such municipality elects not to participate, its current excise tax under this article shall terminate on the date the county's tax levy becomes effective, and it shall not receive any proceeds under the county levy. (b)(1) If a municipality located within a special district where the excise tax is imposed by the county is not participating in such excise tax and is not receiving proceeds of that excise tax, the governing authority of that nonparticipating municipality may give written notice to the governing authority of the county and the governing authority of each participating municipality within the special district of its decision to opt in to the existing intergovernmental agreement. Within 60 days of the date of such notice, an amended intergovernmental agreement shall be executed by the governing authority of the municipality exercising such opt in and the governing authorities of the county and each currently participating municipality. (2) Notwithstanding the provisions of paragraph (1) of subsection (a) of Code Section 48-13-116, when an amended intergovernmental agreement is executed pursuant to paragraph (1) of this subsection, the revised distribution of proceeds thereunder shall

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not become effective until the first day of the first month which is at least 12 months after the execution of such amended intergovernmental agreement. The distribution of proceeds of the excise tax shall continue under the prior intergovernmental agreement until the date provided for in this paragraph. (c) Any county that desires to have an excise tax under this article levied county wide within the special district commencing January 1, 2013, shall deliver the written notice pursuant to Code Section 48-13-113 no later than September 1, 2012."

SECTION 5. Said article is further amended by revising Code Section 48-13-116, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to procedures and limitations on the local excise tax on energy, as follows:
"48-13-116. (a)(1) Except as otherwise provided in Code Section 48-13-115, an excise tax imposed under this article shall become effective on the first day of the next succeeding month following adoption of the ordinance unless otherwise specified in the intergovernmental agreement required by subsection (a) of Code Section 48-13-114, except that no such tax shall be imposed prior to January 1, 2013. (2) If services are regularly billed on a monthly basis, however, the excise tax shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The excise tax shall cease to be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption date of an ordinance terminating the excise tax. (c) At no time shall more than a single 2 percent excise tax under this article be imposed within a special district or a municipality, except that in the event a municipality levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, a single 3 percent excise tax may be imposed within such municipality. (d) Following the termination of an excise tax under this article, the governing authority of a county within a special district or the mayor or chief elected official of a municipality in the special district in which an excise tax authorized by this article is in effect may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax."

SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012. (b) Sections 4 and 5 of this Act shall become effective on January 1, 2013.

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

Approved May 2, 2012.

__________

GAME AND FISH FISHING LICENSE REQUIREMENTS; ONE-DAY SALT-WATER SHORE FISHING LICENSE; UNIT NUMBER OF COMMERCIAL CRABBING LICENSES; TRANSFER OF CRABBING LICENSE; PENALTIES FOR TAKING CRABS FROM TRAPS OF OTHERS.

No. 712 (Senate Bill No. 464).

AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for new fishing license requirements; to create a one-day salt-water shore fishing license; to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1A. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-2-23, relating to licenses, permits, tags, and stamp fees, by adding a new subparagraph in paragraph (4) to read as follows:

"(I) Salt-water shore fishing license

One-day

5.00"

SECTION 1B. Said title is further amended by revising subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, as follows:
"(e)(1) Except as provided in Code Section 27-4-133, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose

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of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8.
(2) On and after May 1, 2013, the total number of new commercial crabbing licenses issued shall not exceed 100. Those commercial crabbing licenses issued prior to May 1, 2013, shall remain active until such time the license is not renewed. Any license which is not renewed by May 1 of any license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time. (3) Commercial crabbing licenses may be sold for consideration to any person not holding a current commercial crabbing license unless otherwise prohibited by law or regulation. (4) Commercial crabbing licenses may be transferred to the licensee's spouse, lineal descendants, siblings, or lineal ancestors if the licensee dies or is permanently and totally disabled. An instrument of the court declaring the rightful heir or recipient may be required for transfers upon a death. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department for reissue as provided in paragraph (2) of this subsection. Any person receiving a commercial crabbing license by transfer shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer."

SECTION 2. Said title is further amended by revising subsection (d) and paragraph (3) of subsection (g) of Code Section 27-4-151, relating to the use of crab traps, as follows:
"(d)(1) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual licensed as required in subsection (b) of Code Section 27-4-150 and carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified in writing of such permission, to pull such trap or to take crabs from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the

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number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float. (2) In addition to the penalty provided by Code Section 27-1-38, any person convicted of violating the provisions of this subsection shall be penalized as follows:
(A) On a first offense, his or her crabbing license shall be suspended for a period of three months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; (B) On a second offense, his or her crabbing license shall be suspended for a period of six months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; and (C) On a third or any subsequent offense, his or her crabbing license shall be permanently revoked and the person shall be prohibited from purchasing a license in the future." "(3) Any person violating the provisions of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, the license of any person found guilty of employing more than 50 excess crab traps shall be suspended for one year, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license. Upon a second or subsequent such offense, the person's license shall be revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license; provided, however, that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (3) or (4) of subsection (e) of Code Section 27-4-150."

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

Approved May 2, 2012.

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CIVIL PRACTICE ARBITRATION.

No. 713 (Senate Bill No. 383).

AN ACT

To amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; to provide for interim measures; to provide for commencement of arbitration proceedings and statements of claims and defenses; to provide for default; to provide for the appointment of experts; to provide for rules applicable to disputes; to provide for settlements and the form and contents of arbitration awards and corrections to an arbitration award; to provide for recourse against an arbitration award; to provide for recognition and enforcement of arbitration awards; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, is amended by repealing Part 2, relating to international transactions, and enacting a new Part 2 to read as follows:

"Part 2

9-9-20. (a) This part shall be known and may be cited as the 'Georgia International Commercial Arbitration Code.' (b) The purpose of this part is to encourage international commercial arbitration in this state, to enforce arbitration agreements and arbitration awards, to facilitate prompt and efficient arbitration proceedings consistent with this part, and to provide a conducive environment for international business and trade.

9-9-21. (a) This part shall apply to international commercial arbitration, subject to any agreement in force between the United States and any other country.

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(b) The provisions of this part, except for Code Sections 9-9-29 and 9-9-30, subsections (f) through (h) of Code Section 9-9-38, and Code Sections 9-9-39, 9-9-57, and 9-9-58, shall apply only if the place of arbitration is in this state. (c) An arbitration shall be considered international if:
(1) The parties to an arbitration agreement have their places of business in different countries at the time of the conclusion of such arbitration agreement; (2) One of the following places is situated outside the country in which the parties have their places of business:
(A) The place of arbitration, if determined in or pursuant to the arbitration agreement; or (B) Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or (3) The parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. (d) For the purposes of subsection (c) of this Code section: (1) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; and (2) If a party does not have a place of business, reference is to be made to such party's habitual residence. (e) This part shall not affect any other law of this state by virtue of which certain disputes shall not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this part.

9-9-22. (a) As used in this part, the term:
(1) 'Arbitration' means any arbitration, whether or not administered by a permanent arbitral institution. (2) 'Arbitration agreement' means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not, and may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) 'Arbitration award' means a decision of an arbitration tribunal on the substance of a dispute submitted to it and shall include an interim, interlocutory, or partial award. (4) 'Arbitration tribunal' means a sole arbitrator or a panel of arbitrators. (b)(1) Where a provision of this part, except Code Section 9-9-50, leaves the parties free to determine a certain issue, such freedom shall include the right of the parties to authorize a third party, including an institution, to make that determination. (2) Where a provision of this part refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement shall include any arbitration rule referred to in such agreement.

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(3) Where a provision of this part, other than in paragraph (1) of Code Section 9-9-47 and paragraph (1) of subsection (b) of Code Section 9-9-54, refers to a claim, it shall also apply to a counterclaim, and where it refers to a defense, it shall also apply to a defense to such counterclaim.

9-9-23. (a) In the interpretation of this part, regard shall be given to its international origin and to the need to promote uniformity in its application and the observance of good faith. (b) Questions concerning matters governed by this part which are not expressly settled in it are to be settled in conformity with the general principles on which this part is based.

9-9-24. (a) Unless otherwise agreed by the parties:
(1) Any written communication shall be deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence, or mailing address; if none of these can be found after making a reasonable inquiry, a written communication shall be deemed to have been received if it is sent to the addressee's last known place of business, habitual residence, or mailing address by registered mail or any other means which provides a record of the attempt to deliver it; and (2) Communications shall be deemed to have been received on the day it is delivered. (b) The provisions of this Code section shall not apply to communications in court proceedings.

9-9-25. A party who knows that any provision of this part from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without objecting to such noncompliance without undue delay or, if a time limit is provided therefor, within such period of time, shall be deemed to have waived the right to object.

9-9-26. In matters governed by this part, no court shall intervene except where provided in this part. If the controversy is within the scope of this part, the arbitration agreement shall be enforced by the courts of this state in accordance with this part without regard to the justiciable character of the controversy.

9-9-27. The functions referred to in subsections (c) and (d) of Code Section 9-9-32, subsection (c) of Code Section 9-9-34, Code Section 9-9-35, paragraph (3) of Code Section 9-9-37, Code Section 9-9-49, and subsection (b) of Code Section 9-9-56 shall be performed by the

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superior court in the county agreed upon by the parties. Barring such agreement, these functions shall be performed by the superior court:
(1) In any county where any portion of the hearing has been conducted; (2) If no portion of the hearing has been conducted in this state, in the county where any party resides or does business; or (3) If there is no such county, in any county.

9-9-28. (a) All arbitration agreements shall be in writing. (b) A written arbitration agreement means that its contents are recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.
(c)(1) As used in this subsection, the term: (A) 'Data message' means information generated, sent, received or stored by electronic, magnetic, optical, or similar means, including, but not limited to, electronic data interchange (EDI), e-mail, telegram, telex, or telecopy. (B) 'Electronic communication' means any communication that the parties make by means of data messages.
(2) The requirement that an arbitration agreement be in writing may be met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference. (d) An arbitration agreement shall be deemed to be in writing if it is contained in an exchange of statements of claim and defense in which the existence of an arbitration agreement is alleged by one party and not denied by the other. (e) The reference in a contract to any document containing an arbitration clause shall constitute an arbitration agreement in writing, provided that the reference is such as to make that clause a part of the contract.

9-9-29. (a) A court before which a civil action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party's first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the arbitration agreement is null and void, inoperative, or incapable of being performed. (b) Where an action referred to in subsection (a) of this Code section has been brought, arbitral proceedings may nevertheless be commenced or continued, and an arbitration award may be made, while the action is pending before the court.

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9-9-30. Before or during arbitral proceedings, a party may request from a court an interim measure of protection, and a court may grant such measure, and such request shall not be deemed to be incompatible with an arbitration agreement.

9-9-31. The parties shall be free to determine the number of arbitrators, and if no determination is stated, the number of arbitrators shall be one.

9-9-32. (a) No person shall be precluded by reason of nationality from acting as an arbitrator, unless otherwise agreed by the parties. (b) The parties shall be free to agree on a procedure to appoint the arbitrator or arbitrators, subject to the provisions of subsections (d) and (e) of this Code section. (c) If the parties do not agree on the procedure to appoint the arbitrator or arbitrators:
(1) In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the court specified in Code Section 9-9-27; or (2) In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator within 30 days, the arbitrator shall be appointed, upon request of a party, by the court specified in Code Section 9-9-27. (d) Where, under an appointment procedure agreed upon by the parties: (1) A party fails to act as required under such procedure; (2) The parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or (3) A third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court specified in Code Section 9-9-27 to take the necessary measure, unless the arbitration agreement on the appointment procedure provides other means for securing the appointment. (e) A decision on a matter entrusted by subsections (c) or (d) of this Code section to the court specified in Code Section 9-9-27 shall not be subject to appeal. The court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the arbitration agreement and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. (f) An arbitrator shall not be liable for:

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(1) Anything done or omitted in the discharge or purported discharge of arbitral functions, unless the act or omission is shown to have been in bad faith; or (2) Any mistake of law, fact, or procedure made in the course of arbitration proceedings or in the making of an arbitration award. (g) Subsection (f) of this Code section shall apply to an employee or agent of an arbitrator and to an appointing authority, arbitral institution, or person designated or requested by the parties to appoint or nominate an arbitrator or provide other administrative services in support of the arbitration.

9-9-33. (a) When a person is approached in connection with the possible appointment of such person as an arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by the arbitrator. (b) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by the party, or in whose appointment the party has participated, only for reasons of which the party becomes aware after the appointment has been made.

9-9-34. (a) The parties shall be free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this Code section. (b) If the parties fail to agree on a procedure for challenging an arbitrator, a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitration tribunal or after becoming aware of any circumstance referred to in subsection (b) of Code Section 9-9-33, send a written statement of the reasons for the challenge to the arbitration tribunal. Unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitration tribunal shall decide on the challenge. (c) If a challenge under the procedure set forth in subsection (b) of this Code section is not successful, within 30 days after having received notice of the decision rejecting the challenge, the challenging party may request that the court specified in Code Section 9-9-27 decide on the challenge, which decision shall not be subject to appeal; while such a request is pending, the arbitration tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an arbitration award.

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9-9-35. (a) If an arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, the arbitrator's mandate terminates if he or she withdraws from office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request that the court specified in Code Section 9-9-27 decide on the termination of the mandate, which decision shall not be subject to appeal. (b) If, under this Code section or subsection (b) of Code Section 9-9-34, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this shall not imply acceptance of the validity of any ground referred to in this Code section or subsection (b) of Code Section 9-9-33.

9-9-36. Where the mandate of an arbitrator terminates under Code Section 9-9-34 or 9-9-35 or because of withdrawal from office for any other reason or because of the revocation of the arbitrator's mandate by agreement of the parties or in any other case of termination of the arbitrator's mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

9-9-37. Unless otherwise agreed by the parties:
(1) The arbitration tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitration tribunal that the contract is null and void shall not thereby invalidate the arbitration clause; (2) A plea that the arbitration tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. A party shall not be precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitration tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitration tribunal may, in either case, admit a later plea if it considers the delay justified; and (3) The arbitration tribunal may rule on a plea referred to in paragraph (2) of this Code section either as a preliminary question or in an arbitration award on the merits. If the arbitration tribunal rules as a preliminary question that it has jurisdiction or only partial jurisdiction, within 30 days after having received notice of such ruling and subject to the permission of the arbitration tribunal, any party may request that the court specified in Code Section 9-9-27 decide the matter, which decision shall not be subject to appeal;

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while such a request is pending, the arbitration tribunal may continue the arbitral proceedings and make an arbitration award.

9-9-38. (a) Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate. (b) The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitration tribunal's own initiative. (c) The arbitration tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (d) The arbitration tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted. (e) If a measure ordered under subsection (a) of this Code section proves to have been unjustified from the outset, the party which obtained its enforcement may be obliged to compensate the other party for damage resulting from the enforcement of such measure or from its providing security in order to avoid enforcement. This claim may be put forward in the pending arbitral proceedings. (f) An interim measure issued by an arbitration tribunal shall be recognized as binding and, unless otherwise provided by the arbitration tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of Code Section 9-9-39. (g) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure. (h) Where recognition or enforcement of an interim measure is sought in a court of this state, such court may order the requesting party to provide appropriate security if the arbitration tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.

9-9-39. (a) Recognition or enforcement of an interim measure may be refused only:
(1) At the request of the party against whom it is invoked if the court is satisfied that: (A) Such refusal is warranted on the grounds set forth in subparagraphs (a)(1)(A) through (a)(1)(D) of Code Section 9-9-58; (B) The arbitration tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitration tribunal has not been complied with; or (C) The interim measure has been terminated or suspended by the arbitration tribunal or, where so empowered, by the court of the state in which the arbitration takes place or under the law of which that interim measure was granted; or

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(2) If the court finds that: (A) The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or (B) Any of the grounds set forth in subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 9-9-58 shall apply to the recognition and enforcement of the interim measure.
(b) Any determination made by the court on any ground in subsection (a) of this Code section shall be effective only for the purposes of the application to recognize and enforce the interim measure. Where recognition or enforcement is sought, the court shall not undertake a review of the substance of the interim measure in determining any ground specified in subsection (a) of this Code section.

9-9-40. The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.

9-9-41. (a) Subject to the provisions of this part, the parties shall be free to agree on the procedure to be followed by the arbitration tribunal in conducting the proceedings. (b) If the parties fail to agree on the procedure to be followed by the arbitration tribunal in conducting proceedings, the arbitration tribunal may, subject to the provisions of this part, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitration tribunal includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.

9-9-42. (a) The parties shall be free to agree on the place of arbitration; provided, however, that failing such agreement, the place of arbitration shall be determined by the arbitration tribunal having regard to the circumstances of the case, including the convenience of the parties. (b) Notwithstanding the provisions of subsection (a) of this Code section, the arbitration tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property, or documents.

9-9-43. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

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9-9-44. (a) The parties shall be free to agree on the language or languages to be used in the arbitral proceedings; provided, however, that failing such agreement, the arbitration tribunal shall determine the language or languages to be used in the proceedings. Such agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any arbitration award, decision, or other communication by the arbitration tribunal. (b) The arbitration tribunal may order that any documentary evidence be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitration tribunal.

9-9-45. (a) Within the period of time agreed by the parties or determined by the arbitration tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (b) Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitration tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

9-9-46. (a) Subject to any contrary agreement by the parties, the arbitration tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials; provided, however, that unless the parties have agreed that no hearings shall be held, the arbitration tribunal shall hold hearings at an appropriate stage of the proceedings, if requested by a party. (b) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitration tribunal for the purposes of inspection of goods, other property, or documents. (c) All statements, documents, or other information supplied to the arbitration tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitration tribunal may rely in making its decision shall be communicated to the parties. (d) Unless the parties agree to confer such power on the tribunal, the tribunal shall not have the power to order consolidation of proceedings or concurrent hearings; provided, however, that the parties shall be free to agree:

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(1) That the arbitral proceedings shall be consolidated with other arbitral proceedings; or (2) That concurrent hearings shall be held, on such terms as may be agreed.

9-9-47. Unless otherwise agreed by the parties, if, without showing sufficient cause:
(1) The claimant fails to communicate his or her statement of claim in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall terminate the proceedings; (2) The respondent fails to communicate his or her statement of defense in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and (3) Any party fails to appear at a hearing or to produce documentary evidence, the arbitration tribunal may continue the proceedings and make the arbitration award on the evidence before it.

9-9-48. (a) Unless otherwise agreed by the parties, the arbitration tribunal:
(1) May appoint one or more experts to report to it on specific issues to be determined by the arbitration tribunal; and (2) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for the expert's inspection. (b) Unless otherwise agreed by the parties, if a party requests or if the arbitration tribunal considers it necessary, the expert shall, after delivery of the expert's written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and to present expert witnesses in order to testify on the points at issue.

9-9-49. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas shall be served and, upon application to the court specified in Code Section 9-9-27 by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action. (b) Notices to produce books, writings, and other documents or tangible things, depositions, and other discovery may be used in the arbitration according to procedures established by the arbitrators. (c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration. (d) Witnesses shall be compensated in the same amount and manner set forth in Title 24.

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9-9-50. (a) The arbitration tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules. (b) Failing any designation by the parties, the arbitration tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. (c) The arbitration tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so. (d) In all cases, the arbitration tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

9-9-51. In arbitral proceedings with more than one arbitrator, any decision of the arbitration tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members; provided, however, that questions of procedure may be decided by a presiding arbitrator, if authorized by the parties or all members of the arbitration tribunal.

9-9-52. (a) If, during arbitral proceedings, the parties settle the dispute, the arbitration tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitration tribunal, record the settlement in the form of an arbitration award on agreed terms. (b) An arbitration award on agreed terms shall be made in accordance with the provisions of Code Section 9-9-53 and shall state that it is an arbitration award. Such an arbitration award shall have the same status and effect as any other arbitration award on the merits of the case.

9-9-53. (a) An arbitration award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitration tribunal shall suffice, provided that the reason for any omitted signature is stated. (b) The arbitration award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the arbitration award is an arbitration award on agreed terms pursuant to Code Section 9-9-52. (c) The arbitration award shall state its date and the place of arbitration as determined in accordance with subsection (a) of Code Section 9-9-42. The arbitration award shall be deemed to have been made at that place. (d) After the arbitration award is made, a copy signed by the arbitrators in accordance with subsection (a) of this Code section shall be delivered to each party.

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(e) The arbitrators may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel, to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.

9-9-54. (a) The arbitral proceedings shall be terminated by the final arbitration award or by an order of the arbitration tribunal in accordance with subsection (b) of this Code section. (b) The arbitration tribunal shall issue an order for the termination of the arbitral proceedings when:
(1) The claimant withdraws his or her claim, unless the respondent objects thereto and the arbitration tribunal recognizes a legitimate interest by the respondent in obtaining a final settlement of the dispute; (2) The parties agree on the termination of the proceedings; or (3) The arbitration tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. (c) The mandate of the arbitration tribunal shall terminate with the termination of the arbitral proceedings, subject to the provisions of Code Section 9-9-55 and subsection (d) of Code Section 9-9-56.

9-9-55. (a)(1) Within 30 days of receipt of the arbitration award, unless another period of time has been agreed upon by the parties: (A) A party, with notice to the other party, may request the arbitration tribunal to correct in the arbitration award any errors in computation, any clerical or typographical errors, or any errors of similar nature; and (B) If agreed by the parties, a party, with notice to the other party, may request the arbitration tribunal to give an interpretation of a specific point or part of the arbitration award. (2) If the arbitration tribunal considers any request under paragraph (1) of this subsection to be justified, it shall make the correction or give the interpretation within 30 days of receipt of the request. The interpretation shall form part of the arbitration award.
(b) The arbitration tribunal may correct any error of the type referred to in subparagraph (a)(1)(A) of this Code section on its own initiative within 30 days of the date of the arbitration award. (c) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the arbitration award, the arbitration tribunal to make an additional award as to claims presented in the arbitration proceedings but omitted from the arbitration award. If the arbitration tribunal considers such request to be justified, it shall make the additional award within 60 days of receipt of the request.

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(d) The arbitration tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation, or an additional award under subsection (a) or (c) of this Code section. (e) The provisions of Code Section 9-9-53 shall apply to a correction or interpretation of the arbitration award or to an additional award.

9-9-56. (a) Recourse to a court against an arbitration award may be made only by an application for setting aside in accordance with subsections (b) and (c) of this Code section. (b) An arbitration award may be set aside by the court specified in Code Section 9-9-27 only if:
(1) The party making the application furnishes proof that: (A) A party to the arbitration agreement referred to in Code Section 9-9-28 was under some incapacity; or that said arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this state; (B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case; (C) The arbitration award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitration award which contains decisions on matters not submitted to arbitration may be set aside; or (D) The composition of the arbitration tribunal or the arbitral procedure was not in accordance with the arbitration agreement of the parties, unless such arbitration agreement was in conflict with a provision of this part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this part; or
(2) The court finds that: (A) The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States; or (B) The arbitration award is in conflict with the public policy of the United States.
(c) An application for setting aside an arbitration award may not be made after three months have elapsed from the date on which the party making that application had received the arbitration award or, if a request had been made under Code Section 9-9-55, from the date on which that request had been disposed of by the arbitration tribunal. (d) The court, when asked to set aside an arbitration award, may, where appropriate and requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitration tribunal an opportunity to resume the arbitral

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proceedings or to take such other action as in the arbitration tribunal's opinion will eliminate the grounds for setting aside. (e) Where none of the parties is domiciled or has its place of business in this state, they may, by written agreement referencing this subsection, limit any of the grounds for recourse against the arbitration award under this Code section, with the exception of paragraph (2) of subsection (b) of this Code section.

9-9-57. (a) An arbitration award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this Code section and of Code Section 9-9-58. (b) The party relying on an arbitration award or applying for its enforcement shall supply the original arbitration award or a copy thereof. The court may request the party to supply a translation of the arbitration award.

9-9-58. (a) Recognition or enforcement of an arbitration award, irrespective of the country in which it was made, may be refused only:
(1) At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:
(A) A party to the arbitration agreement referred to in Code Section 9-9-28 was under some incapacity; or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the arbitration award was made; (B) The party against whom the arbitration award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case; (C) The arbitration award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the arbitration award which contains decisions on matters submitted to arbitration may be recognized and enforced; (D) The composition of the arbitration tribunal or the arbitral procedure was not in accordance with the arbitration agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (E) The arbitration award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that arbitration award was made; or

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(2) If the court finds that: (A) The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States; or (B) The recognition or enforcement of the arbitration award would be contrary to the public policy of the United States.
(b) If an application for setting aside or suspension of an arbitration award has been made to a court referred to in subparagraph (a)(1)(E) of this Code section, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the arbitration award, order the other party to provide appropriate security.

9-9-59. Any judgment considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5."

SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to international arbitration agreements entered into on and after such date. This Act shall not apply to any international arbitration agreements entered into prior to July 1, 2012, to which the provisions of the former Part 2 of Article 1 of Chapter 9 of Title 9 shall apply.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2012.
__________
REVENUE AND TAXATION INCOME TAXES; REVISE TAX CREDITS FOR FILM, VIDEO, AND INTERACTIVE ENTERTAINMENT PRODUCTION.
No. 714 (House Bill No. 1027).
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions relating to the job tax credit; to change certain provisions relating to the tax credit for film, video, or interactive entertainment

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production in Georgia; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in Code Section 48-7-40.24, relating to conditions for taking the job tax credit, by adding a new paragraph and revising paragraph (1) of subsection (a) as follows:
"(.1) 'Affiliate' means the members of a business enterprise's affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code and also means any entity, notwithstanding its form of organization, that would otherwise qualify as a member of such affiliated group. (1) 'Business enterprise' or 'taxpayer' means any enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which are registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and are engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses."

SECTION 2. Said chapter is further amended by revising Code Section 48-7-40.26, relating to a tax credit for film or video production in Georgia, as follows:
"48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the production company's or qualified interactive entertainment production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company or qualified interactive entertainment production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means paid commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company, other than a qualified interactive entertainment production company, primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term

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shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia travel agency or travel company; insurance costs and bonding, if purchased through a Georgia insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for footage shot outside the State of Georgia, marketing, story rights, or distribution, but shall not affect other qualified story rights. This term includes payments to a loan-out company by a production company or qualified interactive entertainment production company that has met its withholding tax obligations as set out below. The production company or qualified interactive entertainment production company shall withhold Georgia income tax at the rate of 6 percent on all payments to loan-out companies for services performed in Georgia. Any amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of Chapter 7 of this title notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loan-out company shall be subject to income taxation in the taxable year in which the loan-out company's employees perform services in Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of Chapter 7 and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a:
(A) Qualified movie production which includes a five-second long static or animated logo that promotes Georgia in the end credits before the below-the-line crew crawl for the life of the project and which includes a link to Georgia on the project's web page;

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(B) Qualified TV production which includes an embedded five-second long Georgia promotion during each broadcast worldwide for the life of the project and which includes a link to Georgia on the project's web page; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and embedded in online promotions. (7) 'Qualified interactive entertainment production company' means a company whose gross income is less than $100 million that is primarily engaged in qualified production activities related to interactive entertainment which has been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (8) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series, pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news and athletic events, local interest programming, instructional videos, corporate videos, or projects not shot, recorded, or originally created in Georgia. (9) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (10) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. In the instance of a 'work for hire' in which one production company or qualified interactive entertainment production company hires another production company or qualified interactive entertainment production company to produce a project or contribute elements of a project for pay, the hired company shall be considered a service provider for the hiring company, and the hiring company shall be entitled to the film tax credit.

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(11) 'Total aggregate payroll' means the total sum expended by a production company or qualified interactive entertainment production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows: (1) The production company or qualified interactive entertainment production company shall be allowed a tax credit equal to 20 percent of the base investment in this state; and (2)(A) The production company or qualified interactive entertainment production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer alternative marketing opportunities to be evaluated by the Georgia Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means,

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the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (d) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company or qualified interactive entertainment production company and its affiliates shall be allowed a tax credit of 20 percent of such excess base investment; and (2)(A) The production company or qualified interactive entertainment production company and its affiliates shall be allowed an additional tax credit equal to 10 percent of the excess base investment if the qualified production activities include a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates

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exceed $25 million. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million. (2) The commissioner shall allow the tax credits for qualified interactive entertainment production companies on a first come, first served basis based on the date the credits are claimed. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire. (f)(1) Where the amount of such credit or credits exceeds the production company's or qualified interactive entertainment production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company or qualified interactive entertainment production company. (2) If a production company and its affiliates, or a qualified interactive entertainment production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18. (g) Any tax credits with respect to a state certified production earned by a production company or qualified interactive entertainment production company and previously claimed but not used by such production company or qualified interactive entertainment production company against its income tax may be transferred or sold in whole or in part by such production company or qualified interactive entertainment production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company or qualified interactive entertainment production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company or qualified interactive entertainment production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after

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the transfer or sale of such tax credits. The notification shall include such production company's or qualified interactive entertainment production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company or qualified interactive entertainment production company is in full compliance; (4) 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; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company or qualified interactive entertainment production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (f) of this Code section. To the extent that such production company or qualified interactive entertainment production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company or qualified interactive entertainment production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (h) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company or qualified interactive entertainment production company has met the investment requirement. For each year in which such production company or qualified interactive entertainment production company either claims or transfers the credit, the production company or qualified interactive entertainment production company shall attach a schedule to the production company's or qualified interactive entertainment production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company or qualified interactive entertainment production company against Georgia income tax liabilities or the

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production company's or qualified interactive entertainment production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company or qualified interactive entertainment production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company or qualified interactive entertainment production company claims the credit granted in this Code section, the production company or qualified interactive entertainment production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's or qualified interactive entertainment production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company or qualified interactive entertainment production company against prior years' tax liability. (i) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (j) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (k) Any production company or qualified interactive entertainment production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."

SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all tax years beginning on or after January 1, 2012. (c) Section 2 of this Act shall be applicable to all tax years beginning on or after January 1, 2013.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2012.

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LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS INFORMATION ON SEXUAL OFFENDERS; POWERS AND DUTIES OF GEORGIA BUREAU OF INVESTIGATION.
No. 715 (House Bill No. 895).
AN ACT
To amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; 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 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation generally, by deleting "or" at the end of paragraph (12), by replacing the period with "; or" at the end of paragraph (13), and by adding a new paragraph (14) to read as follows:
"(14)(A) Acquire, collect, analyze, and provide to the board any information which will assist the board in determining a sexual offender's risk assessment classification in accordance with the board's duties as specified in Code Section 42-1-14, including, but not limited to, obtaining:
(i) Incident, investigative, supplemental, and arrest reports from law enforcement agencies; (ii) Records from clerks of court; (iii) Records and information maintained by prosecuting attorneys; (iv) Records maintained by state agencies; and (v) Other documents or information as requested by the board. (B) As used in this paragraph, the term: (i) 'Board' means the Sexual Offender Registration Review Board.

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(ii) 'Risk assessment classification' means the level into which a sexual offender is placed based on the board's assessment. (iii) 'Sexual offender' has the same meaning as set forth in Code Section 42-1-12."

SECTION 2. 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 subsections (b) and (c) of Code Section 42-1-13, relating to powers and duties of the board, as follows:
"(b) The board shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes and, provided there is adequate funding, shall:
(1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel, including but not limited to administrative personnel and clinical evaluators. (c) Any investigator who, as of June 30, 2012, was employed by the board shall be transferred to the Georgia Bureau of Investigation on July 1, 2012, and shall no longer be under the administration or supervision of the board, except as required to provide the board with information as set forth in paragraph (14) of subsection (a) of Code Section 35-3-4. The executive director of the board shall arrange administratively for the transfer of any equipment relating to the transfer of such personnel. (d) Members of the board shall be immune from liability for good faith conduct under this article."

SECTION 3. Said article is further amended by revising paragraph (2) of subsection (a) of Code Section 42-1-14, relating to risk assessment classification, as follows:
"(2) A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information, including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, and personal, social, educational, and work history and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. The board shall utilize the Georgia Bureau of Investigation to assist it in

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obtaining information relative to its evaluation of sexual offenders and the Georgia Bureau of Investigation shall provide the board with information as requested by the board. The clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within:
(A) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (B) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; (C) Sixty days of receipt of the required registration information from the sheriff when the sexual offender changes residence from another state or territory of the United States or any other place to this state and is not already classified; (D) Sixty days if the sexual offender is sentenced to a probated or suspended sentence; and (E) Ninety days if such classification is requested by the court pursuant to a petition filed under Code Section 42-1-19."

SECTION 4. This Act shall become effective on July 1, 2012.

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

Approved May 2, 2012.

__________

PUBLIC OFFICERS AND EMPLOYEES BUDGET ACT; ZERO-BASE BUDGETING.

No. 716 (Senate Bill No. 33).

AN ACT

To amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows:
"45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply to the budget report presented to the General Assembly in January of 2013 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governor's budget report shall include zero-base budgeting for the agencies and programs as identified by the House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall require each agency to use zero-base budgeting at least once every ten years and shall not require any agency or program to use zero-base budgeting more often than once every eight years. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall balance the number of agencies and programs submitting zero-base budgets with staff available for preparing a budget and staff available for conducting review and analysis of the budget submission. The Governor and the Office of Planning and Budget shall prescribe the forms and format for zero-base budgets and serve as the entity designated for coordinating the preparation of zero-base budgets by the executive branch. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing the prior two fiscal years and proposed spending plans by program, object class, and revenue source. Information presented shall include the following:
(1) A statement of the budget unit's departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; and (2) A priority listing encompassing all alternative funding levels for all programs. (d) In the years in which an agency or program submits a zero-base budget, the Governor shall include in the budget report relevant materials related to each budget unit's submission under subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor. (e) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that the Board of Regents of the University System of Georgia shall be a budget unit subject to this Code section and the programs of the board of regents shall be periodically subject to zero-base budgeting as provided for in this Code section and in keeping with the Constitution.

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(f) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that in the budget report presented to the General Assembly in January of 2013 the Department of Education's budget shall be submitted as a zero-base budget according to the guidelines contained in this Code section. (g) The judicial branch is encouraged to participate in the zero-base budgeting process. (h) The Joint Fiscal Affairs Subcommittee, as authorized under Code Section 28-5-23, may review all information and materials related to any zero-base budget request to include hearings as necessary. (i) The Office of Planning and Budget and the Joint Fiscal Affairs Subcommittee shall maintain effectiveness, efficiency, and equity measures related to zero-base budgeting. (j) This Code section shall be automatically repealed on June 30, 2020, unless reauthorized by the General Assembly."

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

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

Approved May 2, 2012.

__________

STATE GOVERNMENT STATE PROPERTIES COMMISSION; MULTIYEAR LEASES AND RENTAL CONTRACTS.

No. 717 (Senate Bill No. 37).

AN ACT

To provide for multiyear lease agreements managed by the State Properties Commission; to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease or rental agreements; to provide for legislative oversight of certain multiyear lease or rental agreements by the General Assembly; to provide for fiscal policies for multiyear lease or rental agreements to be adopted by the Georgia State Financing and Investment Commission; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is amended by revising Code Section 50-16-41, relating to authorizing rental agreements without competitive bidding, limitations, charging the commission with the management of administrative space, standards governing the utilization of administrative space, reassignment of administrative space, and rules and regulations therefor, as follows:
"50-16-41. (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without public competitive bidding, to a person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of $250.00 per year), which shall be determined by the commission, and pursuant to such terms and conditions as the commission shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the commission shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage their own space but only for leases that are for a term of one year or less, within the State of Georgia, and required for their core mission. The commission shall manage the utilization of administrative space for all multiyear lease agreements entered into on behalf of any state entity, including the Board of Regents of the University System of Georgia and the Georgia Department of Labor. The commission shall manage in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the commission pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of cost-effective, decentralized alternatives. (c) The management of the utilization of administrative space by the commission shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or

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private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the commission for a term not to exceed 20 years. The space shall be assigned to the state entity or entities requiring the space. A multiyear lease resulting from a sale and lease back shall be treated as a conveyance of real property by the state and shall be reviewed for approval or disapproval by the General Assembly and Governor in the same manner as a conveyance of state properties provided for in Code Section 50-16-39. (d) If the commission reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned may pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission may, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the commission shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the commission by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state entity and the Georgia Building Authority or between any state entity and any other public or private person, firm, or corporation; and the powers given to the commission by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. (f) The commission is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The commission shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any additional administrative space required by a state entity shall be approved by and obtained through the commission. The commission shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The commission shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commission to all state entities requesting an exception to the standards.

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(h) For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered:
(1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, meaning those 71 tier 1 counties of the state designated as least developed under paragraph (2) of subsection (b) of Code Section 48-7-40. (i) The commission is authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by state entities in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the commission by state entities or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state entities or any combination of the foregoing. (j) The commission shall provide a multiyear leasing report annually, no later than September 1 of each year, to the Governor, President of the Senate, Speaker of the House of Representatives, chairpersons of the Senate Appropriations Committee and the House Committee on Appropriations, and chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Institutions and Property. The report shall provide the total sum of all leasing obligations to be paid by the state for the upcoming fiscal year. Such report shall include an itemization and total of all revenues collected from the previous fiscal year and provide an itemized budget allocation for the upcoming fiscal year. The report shall also provide a list of all existing multiyear lease agreements and the identity of the contracting parties for each. (k) In addition to the standards and rules and regulations specifically provided for by this Code section, the commission is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively. (l)(1) The Georgia State Financing and Investment Commission is authorized to establish fiscal policies regarding multiyear lease and rental agreements and, each fiscal year, may establish a total multiyear contract value authority. During the fiscal year, the multiyear contract value authority may be revised as determined necessary by the Georgia State Financing and Investment Commission. The total multiyear contract value authority may be based upon the Governor's revenue estimate for subsequent fiscal years and other information as determined by the Georgia State Financing and Investment Commission. (2) No multiyear lease or rental agreement shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the fiscal policies and multiyear contract value authority for the current and future fiscal years. Any multiyear lease or rental agreement entered into that is not in

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compliance with such fiscal policies and multiyear contract value authority shall be void and of no effect. (3) At the beginning of each fiscal year, a budget unit's appropriations shall be encumbered for the estimated payments for any multiyear lease and rental agreements in that fiscal year. The commission shall have the right to terminate, without further obligation, any multiyear lease or rental agreement if the commission determines that adequate funds will not be available for the payment obligations of the commission under the agreement. The commission's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the multiyear lease or rental agreement."

SECTION 2. This Act shall become effective on January 1, 2013; provided, however, that this Act shall only become effective on January 1, 2013, upon the ratification of a resolution at the November, 2012, state-wide general election, which resolution amends the Constitution so as to provide for the authorization of agencies to enter into lease and rental contracts exceeding one year. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed on January 1, 2013.

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

Approved May 2, 2012.

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COURTS SUPERIOR COURTS; ALTERNATE LOCATIONS FOR SESSIONS OF COURT; PRIORITY OF DISTRIBUTION
OF FINES, FORFEITURES, SURCHARGES, ADDITIONAL FEES, AND COSTS IN CASES OF PARTIAL PAYMENTS.

No. 718 (Senate Bill No. 50).

AN ACT

To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to remove provisions relating to the accused consenting to an alternate location for session of court; to change the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to add

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certain fees to the list of priorities; 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 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by revising paragraph (1) of subsection (c) of Code Section 15-6-18, relating to alternative locations, as follows:
"(1) In each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility unless such location is a facility owned or leased by the governing authority of the county; and"

SECTION 2. Said chapter is further amended by revising Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, as follows:
"15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73;

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(5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing; (7) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (8) The amount provided for in Code Section 36-15-9 for county law libraries; (9) The balance of the base fine owed to the county; (10) The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112; (11) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6; (12) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-11-149; (13) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund; and (14) The amounts provided for in subsection (d) of Code Section 42-8-34."

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

Approved May 2, 2012.

__________

ELECTIONS MOTOR VEHICLES ELECTION DATES; PROCEDURES; RECORDS; VOTER REGISTRATION PROCEDURES.

No. 719 (Senate 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 for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide that, if the disqualification of a candidate is the result of an error or negligence and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, the qualifying fee paid by the candidate may be refunded to the candidate; to provide that candidates in special elections may choose to designate their political affiliation on the ballot but may not change such affiliation after the close of

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qualifying; to provide for qualifications for registrars and deputy registrars; to provide for the manner of counting of certain absentee ballots; to provide for the close of voter registration prior to a special election or special primary; to provide for the maintenance of voter registration lists regarding deceased electors; to provide for short titles for certain questions; to provide for the manner of storing certain election records and data; to provide for the time by which absentee ballots shall be available prior to a primary or election; to limit the use of certain electronic devices and photographic devices in polling places; to provide that election superintendents shall furnish the Secretary of State copies of ballots used in elections; to provide for the timing of the call for special elections to be held in conjunction with the presidential preference primary; to provide for the manner of filling vacancies in the General Assembly; to provide for certain manner of use of provisional and challenged ballots; to provide alternative dates for political body and independent candidates to qualify for office; to provide an exemption for incumbents from filing nomination petitions; to provide that the State Election Board shall prescribe the form of nomination petitions; to provide for nonpartisan municipal qualifying periods; to provide for municipal qualifying times in even-numbered years; to provide for reopening of qualifying periods under certain circumstances; to provide that an absentee ballot may be used to update an elector's name under certain circumstances; to remove the authorization for political parties to elect their officials in primaries; to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide deadlines for individuals and organizations to transmit voter registration cards; to authorize electronic voter registration; to allow the use of United States Postal Service change of address information and confirmation cards to transfer the registration of voters who move from county to county; to remove a special election date; to provide for the electronic storage and safekeeping of certain voter registration records; to provide for the use of the most recent voter registration updates in verifying absentee ballots; to provide for extended retention of certain absentee ballot documentation; to provide restrictions on the use of photographic and electronic devices in polling places; to provide for the posting of certain information regarding elections at the election superintendent's office; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the use of certain driver's licensing information for voter registration purposes; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-9, relating to date of election for offices, as follows:

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"21-2-9. (a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, district attorneys, members of the General Assembly, and county officers not elected pursuant to Code Section 21-2-139 shall be elected in the November election next preceding the expiration of the term of office. (b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and county judicial officers, offices of local school boards, and nonpartisan offices elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan general election next preceding the expiration of the term of office. (c) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State. (d) Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections."

SECTION 2. Said chapter is further amended by revising Code Section 21-2-40, relating to General Assembly authorization to create board of elections and board of elections and registration in any county, as follows:
"21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members."

SECTION 3. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2-45, relating to authorization to create joint county-municipal boards of elections and boards of elections and registration and authorization for county to conduct elections, as follows:

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"(a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members."

SECTION 4. Said chapter is further amended by revising Code Section 21-2-90, relating to 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. If the political parties involved elect to do so, they may submit to the superintendent, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent, 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 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 5. Said chapter is further amended by revising subsections (c), (d), (e), (h), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, 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:

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(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; (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; (3) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may

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be legal holidays, or during the period beginning at 9:00 A.M. on the fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and
(4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy:
(i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal

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business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (e) Except as provided in subsection (i) of this Code section, each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed himself or herself; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180." "(h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his

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or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which shall be subscribed and sworn to by such circulator before a notary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. (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: (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,

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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; (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; and (C) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, 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 either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending 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, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county 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 either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending 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, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and

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ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (3) Candidates required to file nomination petitions under subsection (e) of this Code section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election."

SECTION 6. Said chapter is further amended by revising subsection (e) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows:
"(e)(1) The Secretary of State shall certify and transmit to the election superintendent of each county affected within five days following the deadline for the submission by write-in candidates of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State for such general or special election. (2) The county election superintendent shall certify within five days following the deadline for the submission by write-in candidates for county offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the county election superintendent for county offices for such general or special election. (3) The municipal election superintendent shall certify within five days following the deadline for the submission by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the municipal election superintendent for municipal offices for such general or special election."

SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate, as follows:
"(e) The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification; provided, however, that, if such disqualification is the result of an error or negligence of the officer with whom such candidate qualified and not the result of any action of the candidate and such error or

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negligence is verified in writing by the Secretary of State, such fee may be refunded to the candidate."

SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 21-2-151, relating to authorization for political party primaries, as follows:
"(a) A political party shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot."

SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating to the authorization and conduct of nonpartisan elections, 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. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

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SECTION 10. Said chapter is further amended by revising subsection (a.1) and paragraph (1) of subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy, as follows:
"(a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

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(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of this state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing." "(c)(1)(A) 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. (B) 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:
(i) 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 (ii) Candidates for political party nomination to federal and state offices in a general primary 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 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. 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. (C) 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.

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(D) In any case where an incumbent has qualified as a candidate to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays."

SECTION 11. Said chapter is further amended by revising Code Section 21-2-155, relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary, as follows:
"21-2-155. In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased or withdrawn candidate for a period of not less than one nor more than three days."

SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows:
"(a) Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment."

SECTION 13. Said chapter is further amended by revising subsection (c) of Code Section 21-2-218, relating to cancellation of registration in former state or county and address changes and corrections, as follows:

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"(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application."

SECTION 14. Said chapter is further amended by revising subsection (a) of Code Section 21-2-219, relating to registration cards, as follows:
"(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section and Code Section 21-2-221.2, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration."
SECTION 15. Said chapter is further amended by revising subsection (a) of Code Section 21-2-220, relating to application for registration, as follows:
"(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application online as provided in Code Section 21-2-221.2, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223."

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SECTION 16. Said chapter is further amended by adding a new Code section to read as follows:
"21-2-221.2. (a) A person who is qualified to register to vote in this state and who has a valid Georgia driver's license or identification card may submit a voter registration application on the Internet website of the Secretary of State. The Secretary of State shall, in conjunction with the Department of Driver Services, design and implement a system to allow for such electronic voter registration. (b) An application submitted pursuant to this Code section shall contain:
(1) The applicant's name and residence address; (2) The applicant's driver's license or identification card number; (3) The applicant's date of birth; (4) An affirmation by the applicant that the applicant is a citizen of the State of Georgia and of the United States; (5) An affirmation by the applicant that the information provided is truthful and that the applicant is eligible to vote in the State of Georgia; (6) An assent by the applicant to the use of his or her signature from his or her driver's license or identification card; and (7) Such other information the Secretary of State deems necessary to establish the identity of the applicant. (c) Upon the submission of an application through the website pursuant to this Code section, the software used by the Secretary of State for processing applications through the website shall provide for immediate verification of all of the following: (1) That the applicant has a valid Georgia driver's license or identification card and that the number for that driver's license or identification card provided by the applicant matches the number for the applicant's driver's license or identification card that is on file with the Department of Driver Services; (2) That the date of birth provided by the applicant matches the date of birth that is on file with the Department of Driver Services; and (3) That the applicant is a citizen of the State of Georgia and of the United States and that the information provided by the applicant matches the information on file with the Department of Driver Services. If any of these items does not match or if the application is incomplete, the application shall be void and shall be rejected and the applicant shall be notified of such rejection either electronically or by mail within five days after such application is rejected. (d) If all of the items enumerated in subsection (c) of this Code section are verified, the Secretary of State shall obtain an electronic copy of the applicant's signature from the applicant's driver's license or identification card on file with the Department of Driver Services. The application shall then be processed in the same manner as applications under Code Section 21-2-221. Except as otherwise provided by this Code section, the application

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shall be deemed to have been made as of the date that the information was provided by the applicant through the Internet website. (e) The matching of information pursuant to subsection (c) of this Code section shall satisfy the requirements of subsection (g) of Code Section 21-2-216. (f) The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Code section."

SECTION 17. Said chapter is further amended by revising subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, and adding a new subsection to read as follows:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any special primary or special election, such person shall make application as provided in this article no later than either the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state or the close of business on the fifth Monday prior to the date of the special primary or special election or, if such Monday is a legal holiday, by the close of business on the following business day, whichever is later; except that:
(1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county or municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day." "(c.1) An individual or organization shall promptly transmit all completed voter registration applications to the Secretary of State or the appropriate board of registrars within ten days after receiving such application or by the close of registration, whichever period is earlier. If an individual or organization receives a completed voter registration application 14 or fewer days before the close of registration, the individual or organization shall transmit the application to the Secretary of State or the appropriate

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board of registrars within 72 hours of the date of the execution of the application or by midnight on the close of registration, whichever period is earlier."

SECTION 18. Said chapter is further amended by revising subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, procedure, hearing, and right of appeal, as follows:
"(i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for provisional ballots. Such challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code Section 21-2-419 and, after having the word 'Challenged,' the elector's name, and the alleged cause of the challenge written across the back of the outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."

SECTION 19. Said chapter is further amended by revising Code Section 21-2-231, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State; removal of names from list of electors; timing; and list of inactive voters provided to Council of Superior Court Clerks, by adding a new subsection to read as follows:
"(e.1) County registrars may obtain information about persons who died from obituaries published by local newspapers, death certificates, verifiable knowledge of the death, and information provided in writing and signed by a family member or members of the

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deceased person. County registrars shall determine if such deceased person's name appears on the list of electors and, if so, shall remove such name from the list of electors and shall send by first class mail to the mailing address shown on the elector's voter registration records a notice of such action and the reason therefor."

SECTION 20. Said chapter is further amended by revising subsections (c) and (d) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows:
"(c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at the old address of the elector. The registrars may also send a confirmation notice to the elector's new address. If the elector confirms the change of address to an address outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located and the registrars of the county of the new address shall update the voter registration list to reflect the change of address. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration card pursuant to Code Section 21-2-226."

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SECTION 21. Said chapter is further amended by revising Code Section 21-2-236, relating to periods of retention of registration cards, applications, and records of list maintenance activities, as follows:
"21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists; provided, however, that an original voter registration card may be destroyed if an image of the face of the card is stored electronically. (b) The registration applications of persons whose applications were rejected and all related material and records, or electronic facsimiles thereof, shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. (d) The State Election Board shall adopt rules and regulations regarding the safekeeping and maintenance of electronic records of voter registration records maintained under this Code section."

SECTION 22. Said chapter is further amended by revising subsection (f) of Code Section 21-2-285, relating to form of official election ballot, attestation on receipt of benefit in exchange for vote, and when an election is not required, as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General

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Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent."

SECTION 23. Said chapter is further amended by revising subsection (b) of Code Section 21-2-325, relating to form of ballot labels generally, as follows:
"(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions."

SECTION 24. Said chapter is further amended by revising subsection (f) of Code Section 21-2-379.5, relating to ballot information, as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to or below the question there shall be placed the words 'YES' and 'NO' between which the elector may choose in casting his or her vote."

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SECTION 25. Said chapter is further amended by revising subsections (e), (f), and (g) of Code Section 21-2-379.11, relating to procedure for tabulation of votes by DRE machines, as follows:
"(e) The manager shall collect and retain the zero tape and the results tape for each DRE unit and place such tapes with the memory card for each unit, and all such items for all of the DRE units used in the precinct shall be sealed in an envelope or container and initialed or signed by the manager so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope or container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelope or container containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the initials or signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope or container and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification."

SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, 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 not more than 49 days but not less than 45 days prior to any presidential preference primary, general primary other than a municipal general primary, general election other than a municipal general election, or special primary or special election in which there is a candidate for a federal office on the ballot; 22 days prior to any municipal general primary or municipal general election; and as soon as possible prior to any runoff. In the case of all other special primaries or special elections, the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots

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to all eligible applicants within three 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 by absentee ballot beginning 49 days prior to a primary or election, all eligible applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49 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, within the same time periods specified in this subsection, electronically transmit official absentee ballots to all electors who have requested to receive their official absentee ballot electronically and are entitled to vote such absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (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."

SECTION 27. Said chapter is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(C) of 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, as follows:
"(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's voter registration card or the most recent update to such absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature

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appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least two years."

SECTION 28. Said chapter is further amended by revising subsection (e) of 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, as follows:
"(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."

SECTION 29. Said chapter is further amended by revising Code Section 21-2-411, relating to return of checked list of electors and voter's certificates to superintendent and disposition of list and certificates by registrars, as follows:
"21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years."

SECTION 30. Said chapter is further amended by revising subsection (e) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, as follows:

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"(e) No person shall use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones while such person is in a polling place while voting is taking place; provided, however, that a poll manager, in his or her discretion, may allow the use of photographic devices in the polling place under such conditions and limitations as the election superintendent finds appropriate, and provided, further, that no photography shall be allowed of a ballot or the face of a voting machine or DRE unit while an elector is voting such ballot or machine or DRE unit and no photography shall be allowed of an electors list, electronic electors list, or the use of an electors list or electronic electors list. This subsection shall not prohibit the use of photographic or other electronic monitoring or recording devices, cameras, or cellular telephones by poll officials for official purposes."

SECTION 31. Said chapter is further amended by revising subsection (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited; prohibition of candidates from entering certain polling places, and penalty, as follows:
"(c) Reserved."

SECTION 32. Said chapter is further amended by revising subsection (b) of Code Section 21-2-433, relating to admission of electors to enclosed space, detachment of ballots from stubs and distribution of ballots to electors, and return of canceled ballots to superintendent, as follows:
"(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent."

SECTION 33. Said chapter is further amended by revising subsection (d) of Code Section 21-2-435, relating to procedure as to marking and depositing of ballots, as follows:
"(d) Before leaving the voting compartment, the elector shall fold his or her ballot, without displaying the markings thereon, in the same way it was folded when received by him or her; and he or she shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon

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whether the ballot so exhibited to him or her is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. Any ballot, other than one which has been challenged for cause under Code Section 21-2-230, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted."

SECTION 34. Said chapter is further amended by revising subsection (h) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement, as follows:
(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked."

SECTION 35. Said chapter is further amended by revising Code Section 21-2-492, relating to computation and canvassing of returns, notice of when and where returns will be computed and canvassed, blank forms for making statements of returns, and swearing of assistants, as follows:
"21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at

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least one week's notice prior to the primary or election by publishing same in a conspicuous place in the superintendent's office, of the time and place when and where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner."

SECTION 36. Said chapter is further amended by revising Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, by adding a new subsection to read as follows:
"(c) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary."

SECTION 37. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, as follows:
"(1) One copy to be posted at the office of the election superintendent for the information of the public;"

SECTION 38. Said chapter is further amended by revising Code Section 21-2-497, relating to preparation and filing by superintendent of four copies of consolidated return of elections, as follows:
"21-2-497. (a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(1) One copy to be posted at the office of the election superintendent for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office;

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(3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows:
(A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and (D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. (b) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election."

SECTION 39. Said chapter is further amended by revising Code Section 21-2-499, relating to duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers and certification of presidential electors by Governor, as follows:
"21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office.

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(b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state. (c) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."

SECTION 40. Said chapter is further amended by repealing Code Section 21-2-501.1, relating to timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years, in its entirety.

SECTION 41. Said chapter is further amended by revising subsections (b) and (e) of Code Section 21-2-540, relating to conduct of special elections generally, as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with the presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, state-wide general primary, or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." "(e) Candidates in special elections for partisan offices shall be listed alphabetically on the ballot and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying."

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SECTION 42. Said chapter is further amended by revising subparagraph (c)(1)(B) of Code Section 21-2-540, relating to the conduct of special elections, as follows:
"(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November."

SECTION 43. Said chapter is further amended by revising Code Section 21-2-544, relating to special election for General Assembly vacancy, as follows:
"21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly, such vacancy shall be filled as follows:
(1) If such vacancy shall occur during a session of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (2) Except as provided in paragraph (4) of this Code section, if such vacancy shall occur after the conclusion of the regular session which is held during the first year of the term of office of members of the General Assembly, but more than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly, the Governor may issue at any time but no later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held not fewer than 30 days after its issuance nor later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly; (3) If such vacancy shall occur after the conclusion of the regular session of the General Assembly held during the first year of the term of office of members of the General Assembly during the period beginning 60 days prior to the Tuesday following the first Monday in November of such year and ending on the day prior to the beginning of the regular session of the General Assembly held during the second year of the term of office of members of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special

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election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (4) If such vacancy shall occur following the election of a member of the General Assembly but prior to such member taking office, such vacancy shall be filled in accordance with Code Section 21-2-504, but such election shall be called within ten days of such vacancy and shall be held not fewer than 30 nor more than 60 days following the date of such call; (5) If such vacancy shall occur following the conclusion of the regular session of the General Assembly during the second year of the term of office of members of the General Assembly, the issuance of a writ of election to fill such vacancy shall be in the discretion of the Governor except as otherwise provided in paragraph (6) of this Code section and if the Governor chooses to issue such writ of election to fill such vacancy, such election shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or
(6)(A) If such vacancy shall exist at a time when the members of the General Assembly shall be required to meet in special session, the Governor shall issue, within two days after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or (B) If such vacancy shall occur after the issuance by the Governor of a call for an extraordinary session of the General Assembly, but prior to the conclusion of such extraordinary session, the Governor shall issue, within five days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election."

SECTION 44. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (6) of subsection (f) of Code Section 40-5-2, relating to driving records, as follows:
"(6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and"

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SECTION 45. Section 9 of this Act is not intended by the General Assembly to change the effect of existing law but only to clarify the intent of the General Assembly in enacting the original legislation.

SECTION 46. (a) This section and Sections 5, 10, 11, and 47 of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Section 9 of this Act shall become effective on the first date upon which candidates may begin qualifying for the general primary in 2012; provided, however, that if implementation of Section 9 is not permissible on such date under the federal Voting Rights Act of 1965, as amended, then Section 9 shall become effective on January 1, 2013. (c) All other sections of this Act shall become effective on July 1, 2012.

SECTION 47. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2012.

__________

ELECTIONS STUDENT TEEN ELECTION PARTICIPANT PROGRAM.

No. 720 (Senate Bill No. 101).

AN ACT

To amend Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, so as to provide for the Student Teen Election Participant program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, is amended by revising Code Section 21-2-92, relating to qualification of poll officers and service during municipal election or primary, by adding a new subsection to read as follows:

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"(c) Each local board of education and election superintendent shall be authorized to develop and implement through a coordinated effort a Student Teen Election Participant (STEP) program. The STEP program shall permit full-time public, private, and home schooled high school students to volunteer to work as poll officers during any primary, special, or general election. In addition to the qualifications set forth in subsection (a) of this Code section, a student participating in the STEP program shall:
(1) Be a United States citizen; (2) Have a Georgia driver's license or Georgia state-issued identification card; (3) Have demonstrated age-appropriate academic ability for the previous school year; and (4) Have a history of responsible school and community behavior. A student participating in the STEP program shall at all times while working as a poll officer remain under the supervision of an adult poll officer or manager who is 21 years of age or older. No student shall be permitted to participate in the STEP program without the written authorization of his or her parent or legal guardian and such other documentation as may be required by the local board of education or election superintendent. A student in the STEP program shall work a minimum of four but not more than six hours during a single election day and shall receive age-appropriate training for serving as a poll officer. A student who successfully participates in the STEP program shall be counted as present and given full credit for the school day during which he or she served in the STEP program. No student shall be permitted to be absent from school or participate in the STEP program for more than two school days. The election superintendent and local board of education shall adopt mutually agreed upon rules, regulations, and policies prior to the initiation of a STEP program."

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

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I
ALCOHOL LICENSING FOR CERTAIN MANUFACTURE OF DISTILLED SPIRITS.

No. 721 (Senate Bill No. 114).

AN ACT

To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, so as to provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to change certain provisions relating to the sale or disposal of certain distilled spirits or alcohol; to provide for certain educational and promotional tours; 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 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, is amended by revising Code Section 3-4-24, relating to the issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, as follows:
"3-4-24. (a) The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or

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(2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"3-4-24.1. (a) The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."

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

Approved May 2, 2012.

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PROPERTY INCREASE AMOUNT OF REAL AND PERSONAL PROPERTY THAT IS EXEMPT FROM LEVY AND SALE.

No. 722 (Senate Bill No. 117).

AN ACT

To amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, so as to change the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, is amended by revising Code Section 44-13-1, relating to amount of exemption from levy and sale, as follows:
"44-13-1. Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00 or $21,500.00 for real or personal property that is the debtor's primary residence. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property."

SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, as follows:
"(1) The debtor's aggregate interest, not to exceed $21,500.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $43,000.00;"

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

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

Approved May 2, 2012.

PROPERTY CONDOMINIUM ASSOCIATION; TRANSFER OF CONTROL.
No. 723 (Senate Bill No. 136).
AN ACT
To amend Code Section 44-3-101 of the Official Code of Georgia Annotated, relating to control of the condominium association by the declarant, so as to provide for transfer of control of a condominium association 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. Code Section 44-3-101 of the Official Code of Georgia Annotated, relating to control of the condominium association by the declarant, is amended by inserting a new subsection (c) and redesignating former subsection (c) as follows:
"(c) Notwithstanding and prior to the usual expiration of the period of the declarant's right to control the association pursuant to subsection (a) of this Code section, the right to control also may pass to the unit owners as provided in this subsection if the declarant fails to do any of the following: (1) incorporate the association pursuant to subsection (a) of Code Section 44-3-100; (2) cause the board of directors to be duly appointed and the officers to be elected pursuant to subsection (b) of Code section 44-3-100; (3) maintain and make available to owners, upon written request, a list of the names and business or home addresses of the association's current directors and officers; (4) call meetings of the members of the association in accordance with the provisions of the association's bylaws at least annually pursuant to Code Section 44-3-102; or (5) prepare an annual operating budget and establish the annual assessment and distribute the budget and notice of assessment to the owners in accordance with the condominium instruments no later than 30 days after the beginning of the association's fiscal year. In the event that the declarant fails

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to meet one or more of the obligations of this subsection, then any owner, acting individually or jointly with other owners, may send the declarant written notice of the failure to comply with such requirements and provide the declarant a 30 day opportunity to cure the failure; and such notice shall be sent by certified mail or statutory overnight delivery to the declarant's principal office. If the declarant fails to cure any or all deficiencies identified in the notice within 30 days of such notice, then any owner, acting individually or jointly with other owners, may file a petition in the superior court of the county in which any portion of the condominium is located in order to obtain an order to grant the owners control of the association. The superior court shall have authority to hold a hearing and issue a summary ruling on said petition at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If the owners prevail in such action, then the superior court shall award to the owners all reasonable attorney's fees and costs incurred by the owners for the prosecution of such action. (d) In addition to any right of termination set forth therein, any management contract, any lease of recreational area or facilities, or any other contract or lease executed by or on behalf of the association during the period of the declarant's right to control the association pursuant to subsection (a) of this Code section shall be subject to cancellation and termination at any time during the 12 months following the expiration of such control period by the affirmative vote of the unit owners of units to which a majority of the votes in the association pertain, unless the unit owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same."

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

Approved May 2, 2012.

__________

PROFESSIONS MASSAGE THERAPISTS; REVISE PROVISIONS REGARDING LICENSURE.

No. 724 (Senate Bill No. 143).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to revise various provisions relating to massage therapists; to provide that an applicant for a license by endorsement for massage therapy practice shall provide certain information; to

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provide for a criminal background check of applicants for a license as a massage therapist; to change certain provisions relating to provisional permits; to repeal certain obsolete provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising Code Section 43-24A-8, relating to licensure of massage therapists, applications, and requirements, as follows:
"43-24A-8. (a) No person may practice massage therapy in this state who is not a licensed massage therapist or the holder of a valid provisional permit issued by the division director pursuant to this chapter. (b) Any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(1) The applicant is at least 18 years of age; (2) The applicant has a high school diploma or its recognized equivalent; (3) The applicant is a citizen of the United States or a permanent resident of the United States; (4) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (5) The applicant has 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; (6) The applicant has completed successfully a board recognized educational program consisting of a minimum of 500 hours of course and clinical work; and (7) The applicant has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said title is further amended by revising Code Section 43-24A-9, relating to provisional permits, as follows:
"43-24A-9. (a) A provisional permit to practice as a provisionally permitted massage therapist shall, upon proper application, be issued for a six-month period to an applicant who meets the following criteria:
(1) Holds a valid license as a massage therapist in another state; (2) Is not a resident of this state; (3) Has not had a license or permit to practice as a massage therapist voided, revoked, suspended, or annulled by this state or another state; and (4) Has not been convicted of a felony in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to such charge or the affording of first offender treatment to any such charge. (b) A provisional permit shall require the applicant to work under the supervision of a licensed massage therapist as provided by the board. The board shall be authorized to promulgate rules and regulations regarding the requirements for such supervision and the enforcement thereof. (c) A provisional permit may be voided if the board determines that the person holding such permit no longer meets one or more of the criteria set forth in subsection (a) of this Code section. (d) A provisional permit issued pursuant to subsection (a) of this Code section shall have the same force and effect as a permanent license until the time of its expiration. (e) A provisional permit issued pursuant to subsection (a) of this Code section shall expire on the same date as a license issued under this chapter to a holder of a provisional permit who has passed the examination pursuant to Code Section 43-24A-8."

SECTION 3. Said title is further amended by revising paragraph (3) of Code Section 43-24A-13, relating to license by endorsement, as follows:
"(3) The applicant has 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 endorsement 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"

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

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

Approved May 2, 2012.

__________

CONTRACTS CRIMES AND OFFENSES PROHIBIT CONTINGENT COMPENSATION OF ATTORNEYS UNDER CERTAIN CIRCUMSTANCES.

No. 725 (Senate Bill No. 181).

AN ACT

To amend Chapter 1 of Title 13 and Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for contracts and crimes and offenses, respectively, so as to change provisions relative to the payment of attorney's fees under certain circumstances; to provide for procedure; to prohibit contingent compensation under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by revising Code Section 13-1-11, relating to the validity and enforcement of obligations to pay attorney's fees upon notes or other evidence of indebtedness, as follows:
"13-1-11. (a) Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, shall be valid and enforceable and collectable as a part of such debt if such note or other evidence of indebtedness is collected by or through an attorney after maturity, subject to subsection (b) of this Code section and to the following provisions:
(1) If such note or other evidence of indebtedness provides for attorney's fees in some specific percent of the principal and interest owing thereon, such provision and obligation

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GENERAL ACTS AND RESOLUTIONS, VOL. I

shall be valid and enforceable up to but not in excess of 15 percent of the principal and interest owing on said note or other evidence of indebtedness; (2) If such note or other evidence of indebtedness provides for the payment of reasonable attorney's fees without specifying any specific percent, such provision shall be construed to mean 15 percent of the first $500.00 of principal and interest owing on such note or other evidence of indebtedness and 10 percent of the amount of principal and interest owing thereon in excess of $500.00; and (3) The holder of the note or other evidence of indebtedness or his or her attorney at law shall, after maturity of the obligation, notify in writing the maker, endorser, or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, endorser, or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorney's fees shall be void and no court shall enforce the agreement. The refusal of a debtor to accept delivery of the notice specified in this paragraph shall be the equivalent of such notice. (b)(1) If, in a civil action, application of the provisions of paragraph (2) of subsection (a) of this Code section will result in an award of attorney's fees in an amount greater than $20,000.00, the party required to pay such fees may, prior to the entry of judgment, petition the court seeking a determination as to the reasonableness of such attorney's fees. (2) In response to a petition filed under paragraph (1) of this subsection, the party requesting the attorney's fees shall submit an affidavit to the court with evidence of attorney's fees, and the party required to pay such fees may respond to such affidavit. (3) The court may hold a hearing to decide the matter of attorney's fees or may award attorney's fees based on the written evidence submitted to the court. The amount of attorney's fees awarded shall be an amount found by the court to be reasonable and necessary for asserting the rights of the party requesting attorney's fees. (4) This subsection shall not apply to a party against whom a default judgment is to be entered pursuant to Code Section 9-11-55. (5) A civil action instituted solely for the purpose of invoking this subsection shall be void ab initio. (c) Obligations to pay attorney's fees contained in security deeds and bills of sale to secure debt shall be subject to this Code section where applicable. (d) The provisions of this section shall not authorize the recovery of attorneys fees in any tort claim."

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SECTION 2. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for crimes and offenses, is amended by adding a new Code section to read as follows:
"16-1-12. (a) In any forfeiture action brought pursuant to this title, an attorney appointed by the Attorney General or district attorney as a special assistant attorney general, special assistant district attorney, or other attorney appointed to represent this state in such forfeiture action shall not be compensated on a contingent basis by a percentage of assets which arise or are realized from such forfeiture action. Such attorneys shall also not be compensated on a contingent basis by an hourly, fixed fee, or other arrangement which is contingent on a successful prosecution of such forfeiture action. (b) Nothing in this Code section shall be construed as prohibiting or otherwise restricting the Attorney General or a district attorney from appointing special assistants or other attorneys to assist in the prosecution of any action brought pursuant to this title."

SECTION 3. This Act shall become effective on July 1, 2011, and Section 1 of this Act shall apply to contracts entered on or after July 1, 2011.

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

Approved May 2, 2012.

__________

EDUCATION PROFESSIONAL LEARNING RULES TASK FORCE; REDUCTION IN FORCE POLICIES.

No. 726 (Senate Bill No. 184).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for improvement of teachers and retention of the most effective teachers; to establish a task force to review professional learning requirements and to make recommendations to the State Board of Education; to provide for automatic repeal; to provide requirements for reduction in force policies; to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

provide for sanctions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 6 of Article 6, relating to employment of certificated professional personnel, by adding a new Code section to read as follows:
"20-2-201.1. (a) The Department of Education shall establish the Professional Learning Rules Task Force for the purposes of reviewing current State Board of Education professional learning rules, reviewing current research regarding professional learning, providing suggestions for revisions to the rules, and providing suggestions for implementation. (b) The task force shall be composed of, at a minimum, the following members:
(1) One representative of the Professional Standards Commission; (2) One representative of the Department of Education; (3) One school system level professional learning coordinator; (4) One representative from the central office of the University System of Georgia; (5) One representative from a college of education within the University System of Georgia; (6) One representative from a private college of education in this state; (7) One representative from a regional educational service agency; (8) One representative local school superintendent; (9) One representative public school principal; (10) One representative public school elementary school teacher; (11) One representative public school middle school teacher; (12) One representative public school high school teacher; (13) One representative from the Georgia Staff Development Council; and (14) One representative from Learning Forward (National Staff Development Council). (c) The representative from the Department of Education shall serve as chairperson of the task force. The task force shall meet at the call of the chairperson. (d) Members of the task force shall serve without compensation. (e) The task force shall present recommendations for professional learning rules to the State Board of Education no later than July 1, 2013. Such recommendations shall include requiring principals, school system leaders, and state leaders to ensure that teachers have opportunities for professional learning and are consistent with major research findings and best practices regarding professional learning and shall be aligned with the revised rules of the Professional Standards Commission relating to certification renewal rules requiring the demonstration of the impact of professional learning on educator and student

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performance. Recommendations shall be included in revisions to the State Board of Education professional learning rules and shall be adopted on or before June 30, 2015. (f) This Code section shall be repealed in its entirety on July 1, 2015."

SECTION 2. Said chapter is further amended in Part 7 of Article 17, relating to termination, suspension, nonrenewal, demotion, or reprimand of teachers and other school personnel, by adding a new Code section to read as follows:
"20-2-948. (a) A local board of education shall not adopt or implement a policy that allows length of service to be the primary or sole determining factor when implementing a reduction in force. The local board shall consider as the primary factor the performance of the educator, one measure of which may be student academic performance. (b) Any policy that does not comply with subsection (a) of this Code section shall be considered invalid and the State Board of Education shall be authorized to take action to withhold all or any portion of state funds in accordance with Code Section 20-2-243. (c) This Code section shall not apply if a local board of education eliminates an entire program."

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, 2012.

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INSURANCE UPDATE DOMESTIC FARMERS' MUTUAL FIRE INSURANCE PROVISIONS; COMPREHENSIVE REVISION OF
PROVISIONS REGARDING ISSUANCE AND REGULATION OF LIMITED LICENSES TO SELL PORTABLE ELECTRONICS INSURANCE; CHANGE LICENSE REQUIREMENTS FOR CERTAIN ADJUSTERS.

No. 727 (Senate Bill No. 203).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license 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. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 16 of Title 33, relating to farmers' mutual fire insurance companies, as follows:

"CHAPTER 16

33-16-1. This chapter applies only to domestic farmers' mutual fire insurance companies.

33-16-2. (a) 'Domestic farmers' mutual fire insurance companies' are companies organized for the purpose of insuring property against loss or damage by fire, lightning, windstorm, extended coverage, and hail, and for all, or any, of such purposes.

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(b) Domestic farmers' mutual fire insurance companies may write insurance against said hazards on such property risks as their charter and bylaws may provide.

33-16-3. (a) Twenty or more persons a majority of whom are citizens of this state may become a body corporate for the purpose of transacting insurance upon the farmers' mutual fire insurance plan as defined in Code Section 33-16-2 by making an application for a charter signed by the persons applying for the charter or their counsel in triplicate specifying:
(1) The name of the proposed corporation. The name shall contain the words 'Farmers' Mutual' and shall not be so similar to any name already used by any other corporation authorized to transact business in this state as to be confusing or misleading; (2) The purpose for which the corporation is formed; (3) The name of the county in this state in which the corporation will have its principal office and the names of any other counties in which it proposes to operate; (4) The name and address of each incorporator; (5) The names and addresses of those composing the board of directors of the corporation in which the management shall be vested until the first meeting of the members; and (6) Any other provisions not inconsistent with this chapter or other applicable laws as are deemed desirable by the incorporators or as may be required by the Commissioner. (b) The corporate charter shall be granted by the Secretary of State as provided in Chapter 14 of this title.

33-16-4. (a) No person shall transact or attempt to transact business as a farmers' mutual fire insurance company unless so authorized by a currently effective certificate of authority issued by the Commissioner. (b) The Commissioner shall not issue or permit to exist any certificate of authority as to any insurer not currently qualified for such certificate unless it is shown to the satisfaction of the Commissioner that:
(1) The farmers' mutual fire insurance company maintains the minimum surplus required by subsection (a) of Code Section 33-16-13; (2) The farmers' mutual fire insurance company maintains a security deposit as required by subsection (c) of Code Section 33-16-13; (3) The farmers' mutual fire insurance company has submitted an acceptable business plan to the Commissioner that includes, but is not limited to, two-year financial projections and supporting assumptions reflecting expected premiums and losses, counties where the farmers' mutual fire insurance company intends to insure property, and the contingent liability, if any, of its members; and (4) It must otherwise be in compliance with the requirements of this chapter.

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(c) Any proposed changes to a farmers' mutual fire insurance company's plan of operation subsequent to licensure pursuant to this chapter, including but not limited to geographical expansion, shall be filed and approved in advance by the Commissioner.

33-16-5. Farmers' mutual fire insurance companies shall pay no annual fees or charges other than an annual license fee as provided in Code Section 33-8-1.

33-16-6. In companies organized under this chapter, the number of directors shall be not less than three. A majority of the board of directors shall be a quorum for the transaction of business. No person shall be or act as a director of the insurer who does not have currently effective insurance in force in the insurer.

33-16-7. The board of directors of a farmers' mutual fire insurance company may, at any time, borrow such sum or sums of money as they may deem necessary to pay its losses, accrued or unaccrued, and may pledge the assets of the company including the contingent liability of policyholders for the losses as security for the loan.

33-16-8. (a) The bylaws shall state the time and manner of the levy and payment of all premiums or assessments for all insurance written by the company. (b) The bylaws shall also fix the liability of the policyholders for all losses accrued while the policies are in force, in addition to the regular premium or assessment of the policyholders, and the time and manner of payment of such liability. (c) The bylaws may be amended and any such amendment shall be filed with the Commissioner at least 30 days prior to its adoption. (d) The bylaws may contain provisions for the exclusion of any member of the company who refuses or neglects to pay his or her assessment or for any other reasons satisfactory to the directors to be excluded from the insurer.

33-16-9. The portion of the bylaws which affects the insuring agreement shall be contained in the policy. Each policy issued by the insurer shall contain a statement of the contingent liability, if any, of its members.

33-16-10. The companies may provide in the policy that officers and agents elected by them do not have the power to waive any provision of the bylaws.

GEORGIA LAWS 2012 SESSION

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33-16-11. An annual meeting of such company shall be held at such a time as is fixed in the bylaws of the company. Special meetings may be held for such purposes and in such manner as may be specified in the insurer's bylaws, consistent with this chapter. All such meetings shall be held in the insurer's county of domicile or other location in this state that is convenient for its membership and specified in the insurer's bylaws. Notice of such meeting shall be mailed or otherwise given to each member not less than 20 days in advance of the meeting, and notice of any special meeting called by the board of directors shall be given in writing not less than ten days in advance stating the purpose of the meeting so called.

33-16-12. Each policyholder in a farmers' mutual fire insurance company shall be entitled to only one vote in all policyholders' meetings. No voting by proxy shall be permitted unless it is specially authorized in the bylaws and approved by the Commissioner.

33-16-13. (a) The amount of minimum surplus required for each farmers' mutual fire insurance company shall be determined on an individual basis; however, no farmers' mutual fire insurance company shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $150,000.00 in surplus. (b) Minimum surplus of up to $150,000.00 shall be maintained in any of the following:
(1) Cash; (2) Certificates of deposit or similar certificates or evidence of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidence of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation. (c) A portion of the minimum surplus, in an amount determined by the Commissioner, must be deposited with this state prior to the issuance of the certificate of authority. Chapter 12 of this title shall apply to the deposit required by this subsection. (d) Any additional surplus in excess of $150,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following: (1) Any eligible investments of minimum capital or surplus authorized by Code Section 33-11-5; or (2) Any other investments approved by the Commissioner that do not impair the financial solvency of the farmers' mutual fire insurance company.

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33-16-14. (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed 10 percent of its surplus. (b) In determining the amount at risk and retained by the insurer, any valid and applicable reinsurance authorized shall be deducted from the gross amount of risk directly assumed by the insurer.

33-16-15. A farmers' mutual fire insurance company shall not accept reinsurance of the risk of any other insurer.

33-16-16. No member of such insurer shall be liable to assessment to pay losses and expenses accruing prior to the time his policy became effective nor for losses and expenses accruing after termination or expiration of the policy.

33-16-17. Companies organized under this chapter may bring and defend actions in the name under which they are doing business.

33-16-18. Every farmers' mutual fire insurance company shall, on or before March 1 of each year, make and file with the Commissioner an annual statement of its business as of December 31 of the preceding year, on the form prescribed by the Commissioner.

33-16-19. The Commissioner shall at least once in five years, or as often as he or she deems necessary, examine farmers' mutual fire insurance companies. The costs of the examination shall be paid by the company.

33-16-20. Any company organized under this chapter shall be exempt from all taxes, costs, and fees, including those listed in Chapter 8 of this title, except as expressly provided in this chapter and except taxes payable upon real and personal property owned by the company.

33-16-21. In addition to this chapter, farmers' mutual fire insurance companies shall be subject to the following chapters of this title to the extent so applicable: Chapters 1, 2, 5, 6, 12, and 37, and Article 1 of Chapter 11.

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33-16-22. Any company organized under this chapter may be converted into a mutual insurance company by complying with the applicable provisions of Chapter 14 of this title."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for portable electronics, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."

SECTION 3. Said title is further amended by revising subsection (d) of said Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows:
"(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices and their accessories and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly. (2) The commissioner may issue to a retail vendor of portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which: (A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including:
(i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.

GEORGIA LAWS 2012 SESSION

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(9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide:
(A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of a training program in which employees and authorized representatives of a vendor shall be trained and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor.

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(13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties:
(A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including:
(i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination.

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(16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer."

SECTION 4. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which:
(A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter."

SECTION 5. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows:

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"(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster."

SECTION 6. Said title is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows:
"(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent."

SECTION 7. Said title is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows:
"(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section."

SECTION 8. Said title is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows:
"(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing."

SECTION 9. Said title is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows:
"(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license."

GEORGIA LAWS 2012 SESSION
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

1051

Approved May 2, 2012.

__________

RETIREMENT AND PENSIONS CALCULATION OF ACCRUED BENEFITS OF PERSONS SUBJECT TO THE GEORGIA STATE EMPLOYEES' PENSION
AND SAVINGS PLAN WHO TRANSFER BETWEEN THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA AND THE TEACHERS RETIREMENT SYSTEM OF GEORGIA; MEMBERSHIP IN THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA BY CERTAIN TAX COMMISSIONERS, TAX COLLECTORS, AND TAX RECEIVERS AND THEIR EMPLOYEES.

No. 728 (Senate Bill No. 286).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide a method of calculating accrued benefits for persons subject to the Georgia State Employees' Pension and Savings Plan who transfer between the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the transfer of the accrued benefit amount and the present value of the accrued benefit; to provide that the present value shall be based on methods and assumptions of the transferring system; to provide for the recalculation of benefits; to provide that tax commissioners, tax collectors, and tax receivers and all employees in their offices who first or again take office or become employed on or after July 1, 2012, shall not be members of the Employees' Retirement System of Georgia by operation of law; to provide that the governing authority of each county may elect to include such officers and employees in the retirement system; to provide for employee and employer contributions; to provide that no such person may be a member of another public retirement system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-2-181, relating to transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, by adding a new subsection to read as follows:
"(d)(1) At the time the membership of a person is transferred from the Teachers Retirement System of Georgia to this retirement system subject to Article 10 of this chapter, this retirement system shall receive the funds transferred from the Teachers Retirement System of Georgia pursuant to Code Section 47-3-81 and, as applicable, add the accrued benefit transferred from the Teachers Retirement System of Georgia to the accrued benefit or the balance of employee contributions and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a person subject to Article 10 of this chapter transfers to the Teachers Retirement System of Georgia, this retirement system shall:
(A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Teachers Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Teachers Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection."

SECTION 2. Said title is further amended in Code Section 47-2-292, relating to merit system of personnel administration for county revenue employees, membership in retirement system, contributions, and credit for prior service, by adding a new subsection to read as follows:
"(a.1) Notwithstanding any other provision of this Code section, no person who first or again takes office or becomes employed on or after July 1, 2012, shall become a member of the retirement system pursuant to the provisions of this Code section. Any person serving in any such position on July 1, 2012, who continues in service without a break in service shall remain a member of this retirement system. The reelection of any such officer or the election of any eligible employee to such office shall not constitute a break in service."

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SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"47-2-292.1. (a) The provisions of this Code section shall apply to tax commissioners, tax collectors, and tax receivers and employees in their offices who first or again take office or become employed on or after July 1, 2012. (b) On and after July 1, 2012, the governing authority of each county shall have the option of including the county tax commissioner, tax collector, or tax receiver and all employees of such person's office as members of the retirement system. Such option shall be made by adopting a resolution and forwarding such resolution to the board of trustees. (c) The official in charge of such office, if he or she is responsible for the payment of the employees in that office, or the governing authority of the county, if the official and the employees are paid by it, shall deduct or collect from each member the employee contributions required by this chapter and shall remit the same to the retirement system as required by regulations. The governing authority of the county shall pay to the board of trustees the employer contributions required by this chapter, upon receipt of an invoice from the retirement system. (d) An election by a county governing authority made pursuant to subsection (b) of this Code section may be revoked in the same manner as the election was made, but the county's obligations as to any officer or employee who became a member of the retirement system as a result of such election shall continue, and the rights and benefits of any such officer or employee shall be unaffected by such revocation. (e) All persons subject to the provisions of this Code section shall be members of the retirement system under the provisions of Article 10 of this chapter as a condition of holding office. (f) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such officer or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage."

SECTION 4. Said title is further amended in Code Section 47-3-81, relating to transfer of service credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, limitations, and additional contributions or adjustments required, by adding a new subsection to read as follows:
"(c)(1) At the time the membership of a person subject to Article 10 of Chapter 2 of this title is transferred from the Employees' Retirement System of Georgia to this retirement system, this retirement system shall receive the funds transferred from the Employees' Retirement System of Georgia pursuant to Code Section 47-2-181 and, as applicable, add the accrued benefit transferred from the Employees' Retirement System of Georgia to the

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accrued benefit or the balance of employee contributions and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a member of this retirement system transfers to the Employees' Retirement System of Georgia and is subject to Article 10 of Chapter 2 of this title, this retirement system shall:
(A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Employees' Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Employees' Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection."

SECTION 5. This Act shall become effective on July 1, 2012, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2012, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 2, 2012.

GEORGIA LAWS 2012 SESSION
REVENUE AND TAXATION LAND BANKS; CREATION AND OPERATION OF LANDS BANKS CREATED AFTER JULY 1, 2012.

1055

No. 729 (Senate Bill No. 284).

AN ACT

To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2012; to provide a short title and a statement of construction, intent, and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for financing of land banks; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-61, relating to land bank authority established by interlocal cooperation agreement, powers, purpose, and dissolution, by adding a new subsection to read as follows:
"(f) No land bank authority shall be created pursuant to this article on or after July 1, 2012. Except as otherwise provided in subsection (j) of Code Section 48-4-104, any land bank created pursuant to this article prior to July 1, 2012, shall continue to be governed by this article."

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 6

48-4-100. (a) This article shall be known and may be cited as the 'Georgia Land Bank Act.' (b) Any land bank created prior to July 1, 2012, pursuant to Article 4 of this chapter shall not be affected by this article but shall be entitled to continue in existence and exercise all

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powers granted in such article. The board of any existing land bank may vote, in the manner provided in subsection (j) of Code Section 48-4-104, to continue in existence under the provisions of this article, thus exercising the additional authorities and powers contained herein.

48-4-101. The General Assembly finds and declares that:
(1) Georgia's communities are important to the social and economic vitality of this state. Whether urban, suburban, or rural, many communities are struggling to cope with dilapidated, abandoned, and tax delinquent properties; (2) Citizens of Georgia are affected adversely by dilapidated, abandoned, and tax delinquent properties, including properties that have been abandoned due to mortgage foreclosure; (3) Dilapidated, abandoned, and tax delinquent properties impose significant costs on neighborhoods and communities by lowering property values, increasing fire and police protection costs, decreasing tax revenues, and undermining community cohesion; (4) There is an overriding public need to confront the problems caused by dilapidated, abandoned, and tax delinquent properties, and to return properties which are in nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide affordable housing, new industry, and jobs for the citizens of this state through the creation of new tools that enable communities to turn abandoned spaces into vibrant places; and (5) Land banks are one of the tools that can be utilized by communities to facilitate the return of dilapidated, abandoned, and tax delinquent properties to productive use.

48-4-102. As used in this article, the term:
(1) 'Board of directors' or 'board' means the board of directors of a land bank. (2) 'Consolidated government' means a unified government created pursuant to Article IX, Section III, Paragraph II of the Constitution of Georgia. (3) 'Intergovernmental contract' means a contract as authorized pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia and paragraph (5) of Code Section 36-34-2, and entered into by counties, consolidated governments, and municipal corporations pursuant to this article. (4) 'Land bank' means a public body corporate and politic established in accordance with the provisions of this article. (5) 'Land bank member' means the local governments that are parties to the intergovernmental contract or resolution creating a land bank and the local governments that join a land bank subsequent to its creation pursuant to the provisions of this article.

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(6) 'Real property' means all lands and the buildings thereon, all things permanently attached to land or to the buildings thereon, and any interest existing in, issuing out of, or dependent upon land or the buildings thereon. (7) 'School district' means any school district, independent school system, or other local school system in this state.

48-4-103. (a) Any county, municipal corporation, or consolidated government may elect to create a land bank in accordance with subsection (b) of this Code section by the adoption of a local law, ordinance, or resolution as appropriate to the applicable counties, consolidated governments, or municipal corporations, which action specifies the following:
(1) The name of the land bank; (2) The number of members of the board of directors, which shall consist of an odd number of board members and be not less than five board members or more than 11 board members; (3) The initial individuals to serve as board members and the length of terms for which they will serve; and (4) The qualifications, manner of selection or appointment, and terms of office of board members. (b) A land bank may be created pursuant to an intergovernmental contract by any of the following and any combination of the following methods: (1) A county and one or more municipal corporations located wholly or partially within the county; (2) Two or more counties and one or more municipal corporations located wholly or partially within the geographical boundaries of each county; (3) A consolidated government and one or more municipal corporations located wholly or partially within the same county as the consolidated government; or (4) Any consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government may create a land bank as follows:
(A) Through ordinance or resolution of the governing authority of the consolidated government; (B) Through an intergovernmental contract with another consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government; or (C) Through an intergovernmental contract with other counties, municipal corporations, or consolidated governments creating land banks pursuant to paragraph (1), (2), or (3) of this subsection. (c) Any intergovernmental contract creating a land bank shall specify the matters identified in subsection (a) of this Code section.

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(d) Subject to the limitations of subsection (b) of this Code section, any county or municipal corporation or consolidated government may elect to join any preexisting land bank by executing the intergovernmental contract or resolution that created the land bank and such other documentation as may be necessary. (e) A land bank shall have the power to acquire real property only in those portions of the county located outside of the geographical boundaries of a nonparticipating municipal corporation located within the county; provided, however, that a land bank may acquire real property lying within such nonparticipating municipal corporation with the consent of such municipal corporation. (f) A school district may participate in a land bank pursuant to an intergovernmental contract provided such contract specifies any members of the board of education serving on the board of the land bank and any actions of the land bank which are subject to approval by the board of education. (g) A land bank shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of subsection (c) of Code Section 48-4-111.

48-4-104. (a) The initial size of a board shall be determined in accordance with paragraph (2) of subsection (a) of Code Section 48-4-103. Unless restricted by the actions or agreements specified in Code Section 48-4-103, and subject to the limits stated in this Code section, the size of the board may be adjusted in accordance with the bylaws of the land bank. (b) In the event the board of a land bank created by a county and a municipal corporation or by a consolidated government before July 1, 2012, votes to continue in existence under the provisions of this article, the land bank members shall jointly nominate and approve at least one additional board member so that there is an odd number of board members. In the event the land bank members of such a preexisting land bank are unable to approve such additional board members, such preexisting land bank shall not exist under the provisions of this article unless and until a new intergovernmental contract is approved in accordance with this article. (c) Notwithstanding any law to the contrary, an elected member of the municipal governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any municipal employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of the county governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any county employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of a consolidated government governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any consolidated government employee shall be eligible to serve as a board member. A tax commissioner

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or tax collector, or both, may serve ex officio as a member of the land bank board if so authorized by the intergovernmental contract, local law, ordinance, or resolution that creates the land bank or by subsequent intergovernmental contracts with the land bank members. (d) The members of the board shall select annually from among themselves a chairperson, vice chairperson, secretary, treasurer, and such other officers as the board may determine and shall establish their duties as may be regulated by the intergovernmental contract or by rules adopted by the board. When in actual conflict the intergovernmental contract shall control over the bylaws or rules adopted by the board.
(e)(1) The board shall establish rules and regulations relative to the attendance and participation of board members in its regular and special meetings. The rules and regulations may prescribe a procedure whereby a board member who fails to comply with the rules and regulations of the board may be removed from office by no less than a majority vote of the remaining members of the board, and that board member's position shall be vacant as of the first day of the next calendar month. (2) A land bank member may remove any board member appointed by that land bank member. (3) Any board member removed under the provisions of this subsection shall be ineligible for reappointment to the board, unless the reappointment is confirmed by at least a two-thirds' vote of the governing authority of the appointing land bank member. (f) A vacancy on the board shall be filled in the same manner as the original appointment. (g) Board members shall serve without compensation. The board may reimburse a board member for expenses actually incurred in the performance of duties on behalf of the land bank. (h) The board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chairperson or upon written notice signed by a majority of the board members. (i) A quorum of board membership shall be a simple majority of the entire board membership, and no action of the board shall be taken in the absence of a quorum. All actions of the board must be approved by the affirmative vote of a majority of the members of the board present and voting; provided, however, that no action of the board shall be authorized on the following matters unless approved by a majority of the entire board membership: (1) Adoption of bylaws and other rules and regulations for conduct of the land bank's business; (2) Hiring or firing of any employee or contractor of the land bank. Such function may by majority vote be delegated by the board to a specified officer or committee of the land bank under such terms and conditions and to the extent that the board may specify; (3) Incurring of debt; (4) Adoption or amendment of the annual budget; and

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(5) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than $50,000. (j) A land bank created pursuant to Article 4 of this chapter may continue in existence in accordance with provisions of this article upon the unanimous consent of the board members, and contingent upon the appointment of at least one additional board member pursuant to subsection (b) of this Code section. (k) A board member shall not be liable personally on obligations of the land bank, and the rights of creditors of a land bank shall be solely against the land bank. (l) A board member shall be prohibited from voting by proxy. A board member may request a recorded vote on any resolution or action of the land bank.

48-4-105. A land bank may employ an executive director, its own counsel and legal staff, and such technical experts, other agents, and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation and benefits of those persons. A land bank may also enter into contracts and agreements with municipal corporations or counties or consolidated governments for staffing services to be provided to the land bank by agencies or departments thereof or for a land bank to provide such staffing services to agencies or departments thereof.

48-4-106. (a) A land bank shall constitute a public body, corporate and politic, and shall have all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this article, including the following powers:
(1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) To sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to property of the land bank; (3) To adopt a seal and to alter the same at pleasure; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the land bank; (5) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure credit extended by the land bank; (6) To borrow from private lenders, from municipal corporations, counties, or consolidated governments, from the state, or from federal government funds, as may be necessary, for the operation and work of the land bank;

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(7) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the land bank, to evidence and to provide security for such borrowing; (8) To issue notes or other obligations of the land bank and use the proceeds thereof for the purpose of paying all or any part of the cost of any land bank projects and otherwise to further or carry out the public purpose of the land bank and to pay all costs of the land bank incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the land bank's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (10) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the land bank; (11) A land bank shall have no authority to lend money to a nongovernmental entity; provided, however, that a land bank may administer funds in the form of a loan to a nongovernmental entity when such funds are received from federal, state, and local government entities for the purpose of making such loans; provided, further, that only such transactions which are fully consistent with the purpose of the land bank shall be permitted. In those transactions, a land bank may extend credit to any person, corporation, partnership, whether limited or general, or other entity for the costs of any land bank projects which credit may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the land bank shall determine to be reasonable in connection with such extension of credit, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted by this article in connection with any land bank projects the land bank shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the land bank may deem necessary or desirable; (12) As security for repayment of any notes or other obligations of the land bank, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the land bank, including, but not limited to, real property, fixtures, personal property, and

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revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the land bank's notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the land bank, to secure any such notes or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the land bank upon default in any obligation of the land bank, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the land bank upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best interests of the land bank and the public purpose thereof; (15) To procure insurance or guarantees from the General Assembly or federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith; (16) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental contracts for the joint exercise of powers under this article. Intergovernmental contracts with municipal corporations, counties, or consolidated governments may include contracts for the performance of services by municipal corporations, counties, or consolidated governments on behalf of the land bank or by the land bank on behalf of municipal corporations, counties, or consolidated governments, whether or not such counties, consolidated governments, or municipal corporations are located inside or outside the geographical boundaries of the land bank members; (17) To procure insurance against losses in connection with the real property, assets, or activities of the land bank; (18) To accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49; (19) To finance by loan, grant, lease, or otherwise, refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage real property or rights or interests

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in property, and to pay the costs of any such project from the proceeds of loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the land bank is authorized to receive, accept, and use; (20) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank; (21) To grant or acquire a license, easement, lease, as lessor or lessee, or option with respect to real property of the land bank; (22) To enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; (23) To hold title to real property for purposes of establishing contracts with nonprofit community land trusts, including, but not limited to, long-term lease contracts; (24) To organize and reorganize the executive, administrative, clerical, and other departments of the land bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank; and (25) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibilities of the land bank. (b) The exercise of a specific power by a land bank may be limited or withdrawn by a land bank member when the land bank is acting with respect to real property within the jurisdiction of such member. Procedures for the exercise of such limitation or withdrawal of power shall be provided in the intergovernmental contract.

48-4-107. A land bank shall neither possess nor exercise the power of eminent domain.

48-4-108. (a) The real property of a land bank and its income and operations are exempt from all taxation by the state and by any of its political subdivisions, including, but not limited to, real property held by a land bank as lessor pursuant to long-term lease contracts with community land trusts. (b) A land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the board considers is in the best interest of the land bank.
(c)(1) A land bank may acquire real property by purchase contracts, lease-purchase agreements, and may accept transfers from municipal corporations, counties, or consolidated governments upon such terms and conditions as agreed to by the land bank and the municipal corporation, county, or consolidated government. (2) Notwithstanding any other law to the contrary, a municipal corporation, county, or consolidated government may transfer to a land bank real property and interests in real property of the municipal corporation, county, or consolidated government on such terms

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and conditions and according to such procedures as determined by the municipal corporation, county, or consolidated government, so long as the real property is located within the geographical boundaries of the land bank. (3) The acquisition of property by the land bank shall not be governed or controlled by any regulations or laws relating to procurement or acquisition of property of the counties, consolidated governments, or municipal corporations that are members of the land bank unless specifically provided in the applicable intergovernmental contract or resolution, and transfers of property by municipal corporations, counties, or consolidated governments to the land bank shall be treated as transfers to a body politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, a land bank shall not own or hold real property located outside the geographical boundaries of the land bank members. (2) A land bank may be granted pursuant to an intergovernmental contract with a county, consolidated government, or municipal corporation the authority to manage and maintain real property located within the geographical boundaries of such county, consolidated government, or municipal corporation, but outside the geographical boundaries of the land bank members.

48-4-109. (a) A land bank shall hold in its own name all real property acquired by the land bank without regard to the identity of the transferor of the property. (b) A land bank shall maintain and make available for public review and inspection an inventory of all real property held by the land bank. (c) A land bank may convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any and all interests in, upon, or to real property of the land bank in some form and by such method as determined by the board to be in the best interest of the land bank.
(d)(1) A land bank shall determine the terms, conditions, form, and substance of consideration necessary to convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any interests in, upon, or to real property. (2) Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board to be in the best interest of the land bank. (e)(1) The board shall determine and state in the land bank policies and procedures the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property.

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(2) The disposition of property by the land bank shall not be governed or controlled by any regulations or laws of the participating land bank members unless specifically provided in the applicable intergovernmental contract. (f) Land bank members may, in the resolution or intergovernmental contract creating a land bank, establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, or, if the resolution or intergovernmental contract creating the land bank is silent, the board of directors may establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, including but not limited to: (1) Use for purely public spaces and places; (2) Use for affordable housing; (3) Use for retail, commercial, and industrial activities; (4) Use as conservation areas; (5) Use for land trusts or for other public entities; and (6) Such other uses and in such hierarchical order as determined by the board of directors of the land bank. (g)(1) Subject to the requirements of paragraph (5) of subsection (i) of Code Section 48-4-104, a county, municipal corporation, or consolidated government may, in the applicable intergovernmental contract or in the resolution creating a land bank, require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board. (2) Except and unless restricted or constrained as provided in paragraph (1) of this subsection, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of real property by the land bank.

48-4-110. (a) A land bank may receive funding through grants and loans from the land bank members, from any other municipal corporations, counties, or consolidated governments in the state, from the General Assembly, from the federal government, and from other public and private sources. (b) A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this article. (c) Up to 75 percent of the real property taxes collected on real property, exclusive of any state or school district ad valorem tax, conveyed by a land bank pursuant to the laws of this state shall be remitted to the land bank. The specific percentage of such taxes to be remitted, as to each land bank member, shall be set forth in the local law, ordinance, or resolution or in the intergovernmental contract of the land bank. Such allocation of

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property tax revenues shall commence with the first taxable year following the date of conveyance and shall continue for a period of five years. Such funds shall be remitted to the land bank in accordance with the administrative procedures established by the tax commissioner or tax collector of the county or counties in which the land bank is located. Such allocation of property tax revenues shall not occur if such taxes have been previously allocated to a tax allocation district, or to secure a debt of the municipal corporation or consolidated government, unless the tax allocation district, municipal corporation, county, or consolidated government enters into an agreement with the land bank for the remittance of such funds to the land bank. (d) At the time that the land bank sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be allocated as determined by the land bank among the following priorities:
(1) Furtherance of land bank operations; (2) Recovery of land bank expenses; and (3) Remitter to the tax commissioner or tax collector for distribution to the appropriate taxing entity in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to any applicable intergovernmental contract or land bank rules, regulations, or bylaws in accordance with the public policy stated in this article.

48-4-111. (a) All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. All records of a land bank shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (b) No board member or employee of a land bank shall acquire any interest, direct or indirect, in real property owned or to be acquired by the land bank, nor shall any board member assist any third party in negotiating against the land bank for property identified by the land bank for acquisition by the land bank. No board member or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank. The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for board members and land bank employees.
(c)(1) A land bank may be dissolved as a public body corporate and politic 60 calendar days after an affirmative resolution approved by two-thirds of the membership of the board. (2) Sixty calendar days' advance written notice of consideration of a resolution of dissolution shall be given to the governing authorities of the land bank members, shall be published in a local newspaper of general circulation. (3) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become the assets of the municipal corporation, county, or

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consolidated government in which the property is located, unless provided otherwise in any applicable intergovernmental contracts. (4) Land banks created pursuant to paragraphs (2) through (4) of subsection (b) of Code Section 48-4-103 shall not automatically dissolve upon the withdrawal of one or more land bank members unless the intergovernmental contract so provides, except that no municipal corporation may maintain the existence of a land bank if the county in which the municipal corporation is located withdraws from the land bank, and no county may maintain the existence of a land bank if the single municipal corporation that is both located within that county and is a member of the land bank withdraws from the land bank.

48-4-112. (a) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to one or more of the land bank members or to municipal corporations, counties, or consolidated governments that have an intergovernmental contract with the land bank, the land bank may, by resolution of the board, discharge and extinguish any and all such liens or claims. The decision by the board to extinguish such liens or claims is subject to the voting requirements contained in subsection (i) of Code Section 48-4-104. Unless provided otherwise in an applicable intergovernmental contract, whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to a school district, the land bank shall notify the school district of its intent to extinguish all such liens and claims in writing. If the school district fails to object in written form to the proposed extinguishment within 30 days of receipt of such notice to the land bank, the land bank shall have the power, by resolution of the board, to discharge and extinguish any and all such liens or claims. To the extent necessary and appropriate, the land bank shall file in appropriate public records evidence of the extinguishment and dissolution of such liens or claims. (b) To the extent that a land bank receives payments of any kind attributable to liens or claims for real property taxes owed to a municipal corporation, county, consolidated government, or school district on property acquired by the land bank, the land bank shall remit the full amount of the payments to the tax commissioner or tax collector for distribution to the appropriate taxing entity.
(c)(1) A tax commissioner or tax collector may assign, transfer, or sell to a land bank any ad valorem tax executions issued against a single property or ad valorem tax executions issued against multiple tracts of property in the geographical jurisdiction of the land bank in one or more transactions and upon such terms and conditions as are mutually acceptable to the tax commissioner and the land bank. Notwithstanding the notice requirements in subsection (c) of Code Section 48-3-19, when the land bank is the holder of a tax execution, the land bank shall provide notice of the transfer of the tax execution to the land bank in the following manner:

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(A) Immediately upon acquisition of one or more tax executions, the land bank shall send notice of the tax execution transfer by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the notice of the tax execution transfer shall also be sent by first class mail to the property address to the attention of the occupants of the property, if any. In addition, notice shall be posted on the property; and (B) Within 30 days of the tax execution transfer, the land bank shall cause a notice of the tax execution transfer to be published on two separate dates in the official organ of the county in which the property is located. (2) The notice contained in subparagraphs (A) and (B) of paragraph (1) of this subsection shall specify: (A) The name of the land bank and the contact information for the individual responsible for collecting the delinquent taxes; (B) The property address; (C) A description of the property; (D) The tax identification number of the property; (E) The applicable period of tax delinquency; and (F) The principal amount of the delinquent taxes together with interest and penalties. (3) The land bank may submit the execution to the levying officer 12 months after the date of transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. (d)(1) Notwithstanding any other provision of law, at a nonjudicial tax sale conducted pursuant to Article 1 of this chapter where the tax commissioner or tax collector or the land bank is the holder of the tax execution giving rise to the sale, a land bank may tender a bid in an amount equal to the total amount of all tax liens which were the basis of the execution and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid comprises the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (e)(1) A land bank may tender a bid at any sale ordered by the court pursuant to Article 5 of this chapter in an amount equal to the total amount of all tax liens which were the basis of the judgment and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid shall comprise the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties. If there is no other bid and the property is not redeemed by the owner in accordance with subsection (c) of Code Section 48-4-81, the tax commissioner

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or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (3) Subject to the statutory 60 day redemption period required pursuant to subsection (c) of Code Section 48-4-81, the land bank, as purchaser at such sale, shall take and thereafter have an absolute title to the property sold, free and discharged of all tax and municipal claims, liens, mortgages, charges, and estates of whatsoever kind except for those interests referenced in subsection (b) of Code Section 48-4-79. In the event of purchase by a land bank, the conveying instrument described in subsection (g) of Code Section 48-4-81 shall note the conveyance to the land bank pursuant to this article. (4) The deed to the land bank shall be executed and delivered to the land bank within 90 days of the sale pursuant to subsection (d) of Code Section 48-4-81. (5) Notwithstanding any other provision of law, a land bank that is a transferee and holder of tax executions may file petitions of foreclosure pursuant to Article 5 of this chapter on real property located within a jurisdiction that has authorized the ad valorem tax foreclosure process contained in Article 5 of this chapter. In a petition of foreclosure pursuant to Article 5 of this chapter, a land bank is authorized to combine in a single petition multiple tracts of real property, and the court may order in a single final judgment that all or part of the real properties identified in the petition be sold to the land bank free and clear of all liens and encumbrances so long as the petition and accompanying affidavits provide:
(A) Identification of each tract of real property; (B) The identities of all parties having an interest in each respective tract of property; (C) The amount of the tax lien due and owing; and (D) The nature of the notice of the proposed sale provided to such interested parties."

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

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES FREE "IN GOD WE TRUST" DECALS FOR LICENSE PLATES.

No. 730 (Senate Bill No. 293).

AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require that the nation's motto, "In God We Trust," be available on a decal for use on license plates; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (b) of Code Section 40-2-9, relating to the display of the "In God We Trust" decal, as follows:
"(b) The department shall make available to all license plates recipients a decal with the same dimensions as the county name decal that contains the words, 'In God We Trust.' The department shall provide such decal free of charge to any person requesting it. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal."

SECTION 2. Said chapter is further amended by revising subsections (e) and (f) of Code Section 40-2-31, relating to the design of license plates and revalidation and county decals, and by adding a new subsection to read as follows:
"(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.'

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(f) A county tag agent shall issue a county name decal, upon request, for the agent's county only if:
(1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal. (g) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, 'In God We Trust.' A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' Such a decal shall be issued, upon request and free of charge, by a county tag agent with each new permanent license plate."

SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 40-2-60.1, relating to the administrative procedure for issuing special license plates, as follows:
"(d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefitted by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. Spaces for county name labels or other authorized labels, including the 'In God We Trust' label, are required for all special license plates unless expressly eliminated under this chapter."

SECTION 4. This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date.

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I
FOOD, DRUGS, AND COSMETICS EXCLUDE ESTABLISHMENTS THAT BOIL, BOTTLE, AND SELL SUGAR CANE AND SORGHUM SYRUP FROM FOOD SALES ESTABLISHMENTS.

No. 731 (Senate Bill No. 300).

AN ACT

To amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments boiling, bottling, and selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, is amended by revising paragraph (5) of subsection (a) as follows:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale 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

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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. This term also shall not include establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer's name and street address, all added ingredients, and the net weight or volume of the product."

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

Approved May 2, 2012.

__________

EDUCATION GEORGIA HIGHER EDUCATION FACILITIES AUTHORITY; INCREASE BONDING AUTHORITY.

No. 732 (Senate Bill No. 302).

AN ACT

To amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, is amended by revising subsection (f) of Code Section 20-16-5, relating to revenue bonds of the authority, as follows:
"(f) The authority shall not have outstanding at any one time bonds and notes exceeding $500 million."

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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 2, 2012.

__________

CONSERVATION AND NATURAL RESOURCES WATERCRAFT USE OF BOATS IN WATERS OF STATE PARKS, HISTORICAL AREAS, AND RECREATIONAL AREAS; USE OF LIVE-ABOARD BOATS AT MARINAS OR DOCKING STATIONS; BOATS AS PUBLIC NUISANCES.

No. 733 (Senate Bill No. 319).

AN ACT

To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to revise certain provisions relating to the use of live-aboard boats at marinas or docking stations; to amend Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, so as to revise certain provisions relating to boats considered public nuisances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation, is amended in Code Section 12-3-10, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, by revising subsections (e), (g), (h), and (i) as follows:
"(e) With the exceptions of law enforcement and official use by the department, it shall be unlawful for any person to have or use a boat on the waters of any park, historic site, or recreational area in violation of any prohibition or restriction posted therein by the department. The posting of signs at entrances of a park, historic site, or recreational area

GEORGIA LAWS 2012 SESSION

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designating any prohibitions of, or restrictions on the use of, boats on the waters of that park, historic area, or recreational area shall constitute sufficient notice for the entire park, historic area, or recreational area." "(g) Reserved.
(h) Reserved. (i) It shall be unlawful for any person to fish in waters of any park, historic site, or recreational area, except for boat fishing between the hours of 7:00 A.M. and sunset and bank or wade fishing between the hours of 7:00 A.M. and 10:00 P.M., unless otherwise prohibited. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department."

SECTION 2. Said title is further amended by revising paragraph (8) of Code Section 12-5-282, relating to definitions, as follows:
"(8) 'Live-aboard' means a floating vessel or other watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is utilized as a human or animal abode and is located at a marina or a mooring area established by the department."

SECTION 3. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 12-5-288, relating to activities and structures considered to be contrary to the public interest for purposes of issuing permits allowing alteration of coastal marshlands, as follows:
"(8) Occupying a live-aboard for more than 90 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 90 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part."

SECTION 4. Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, is amended by revising paragraph (3) of Code Section 52-1-3, relating to definitions relative to the protection of tidewaters, as follows:
"(3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by

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the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located."

SECTION 5. Said chapter is further amended by revising paragraph (4) of Code Section 52-1-32, relating to definitions relative to right of passage, as follows:
"(4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located."

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

Approved May 2, 2012.

GEORGIA LAWS 2012 SESSION
INSURANCE CLOSING PROTECTION LETTERS; ISSUANCE; RESERVES.

1077

No. 734 (Senate Bill No. 331).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-3-4, relating to kinds of insurance in which insurers may transact, as follows:
"33-3-4. An insurer which otherwise qualifies to transact insurance in Georgia may be authorized to transact any one kind or combination of kinds of insurance as defined in Chapter 7 of this title except:
(1) A reciprocal insurer shall not transact life insurance; (2) A Lloyd's insurer shall not transact life insurance; and (3) A title insurer shall be a stock insurer and shall be authorized to transact only title insurance and closing protection letters, pursuant to Code Section 33-7-8.1, except that, if immediately prior to January 1, 1961, any title insurer lawfully held a subsisting certificate of authority granting it the right to transact in Georgia additional classes of insurance other than title insurance, so long as the insurer is otherwise in compliance with this title, the Commissioner shall continue to authorize such insurer to transact the same classes of insurance as those specified in such prior certificate of authority."

SECTION 2. Said title is further amended by revising Chapter 7, relating to kinds of insurance, limits of risks, and reinsurance, by adding a new Code section to read as follows:
"33-7-8.1. (a) As used in this Code section, the term:
(1) 'Closing protection letter' means insurance that indemnifies a buyer, lender, or seller in transactions where title to real estate is being conveyed solely against losses not to

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exceed the amount of the settlement funds only because of the following acts of the person responsible for the disbursement of settlement funds:
(A) Acts of fraud, theft, dishonesty, or negligence in handling settlement funds or documents in connection with a closing, but only to the extent that the acts affect status or priority of title in the real estate insured by the title insurance; and (B) Failure to comply with written closing instructions by a proposed insured when agreed to by the title agency or title agent relating to title insurance coverage, but only to the extent that the acts affect status or priority of title in real estate insured by the title insurance. (2) 'Settlement funds' means the total funds paid by the buyer, lender, or seller as consideration for the conveyance of real estate. (b) A title insurer may issue closing protection letters only for real estate transactions where its title insurance policies are issued and where its issuing agent or agency is also responsible for the disbursement of settlement funds. (c) The premium charged by the title insurer for closing protection letters shall be filed with and approved by the Commissioner in accordance with Chapter 9 of this title and shall not be subject to any agreement requiring a division of the premium collected on behalf of the title insurer. (d) Companies issuing closing protection letters shall maintain adequate reserves for those closing protection letters pursuant to Chapter 10 of this title. (e) The Commissioner shall be authorized to promulgate rules and regulations necessary to implement this Code section, which shall include, but shall not be limited to, prescribing standard closing protection letter policy forms."

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, 2012.

GEORGIA LAWS 2012 SESSION
PROPERTY NOTICES OF SALES MADE ON FORECLOSURE UNDER POWER OF SALE TO BE PROVIDED TO ALL DEBTORS.

1079

No. 735 (Senate Bill No. 333).

AN ACT

To amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; 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 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, is amended by revising Code Section 44-14-162.3, relating to sales made on foreclosure under power of sale and mailing of notices to debtors, as follows:
"44-14-162.3. No waiver or release of the notice requirement of Code Section 44-14-162.2 shall be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but, notwithstanding the requirements of Code Sections 44-14-162.1, 44-14-162.2, this Code section, and Code Section 44-14-162.4, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such."

SECTION 2. Said part is further amended by revising Code Section 44-14-162.4, relating to sales made on foreclosure under power of sale and mailing of notices to debtors and recitals in deeds as to meeting of notice requirements, as follows:
"44-14-162.4. All deeds under power shall contain recitals setting forth the giving of notice in compliance with Code Section 44-14-162.2. The effect of such recitals shall be to protect the validity of the title of any subsequent purchaser in good faith other than the lender."

SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012.

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

Approved May 2, 2012.

__________

INSURANCE EXEMPTIONS FROM UNFAIR TRADE PRACTICES FOR WELLNESS AND HEALTH IMPROVEMENT PROGRAMS AND INCENTIVES.

No. 736 (Senate Bill No. 337).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide that exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives include insurers issuing life plans; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by revising Code Section 33-24-59.13, relating to exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives, as follows:
"33-24-59.13. (a) An insurer issuing life, comprehensive, major medical group, or individual health insurance benefit plans may, in keeping with federal requirements, offer wellness or health improvement programs, including voluntary wellness or health improvement programs that provide for rewards or incentives, including, but not limited to, merchandise, gift cards, debit cards, premium discounts, credits or rebates, contributions towards a member's health savings account, modifications to copayment, deductible, or coinsurance amounts, cash value, or any combination of these incentives, to encourage participation in such wellness or health improvement programs and to reward insureds for participation in such programs. (b) The offering of such rewards or incentives to insureds under such wellness or health improvement programs shall not be considered an unfair trade practice under Code Section 33-6-4 if such programs are filed with the Commissioner and made a part of the life

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or health insurance master policy and certificates or the individual life or health insurance evidence of coverage as a policy amendment, endorsement, rider, or other form of policy material as agreed upon by the Commissioner. The Commissioner shall be authorized to develop an automatic or expedited approval process for review of such wellness or health improvement programs, including those programs already approved under the laws and regulations of other states."

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

Approved May 2, 2012.

__________

PROFESSIONS AND BUSINESSES DENTISTS AND DENTAL HYGIENISTS; SPECIAL LICENSES; EDUCATION REQUIREMENTS.

No. 737 (Senate Bill No. 338).

AN ACT

To amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to amend Code Section 43-11-40 of the Official Code of Georgia Annotated, relating to qualifications of applicants, so as to revise a provision relating to education 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. Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," is amended by revising subsection (b) as follows:
"(b) Notwithstanding any other provision of law, the board shall issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license shall only be issued to a person who:

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(1) Is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full unrestricted licensure in good standing in dentistry or dental hygiene in any state; or (2) Is currently licensed to practice dentistry or dental hygiene in any licensing jurisdiction in the United States and whose license is unrestricted and in good standing. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on the applicant's license by any board, no sanctions or disciplinary actions have been imposed by any board on the applicant, and the applicant is not under probation or suspension by any board."

SECTION 1A. Code Section 43-11-40 of the Official Code of Georgia Annotated, relating to qualifications of applicants, is amended by revising subparagraph (a)(1)(A) as follows:
"(A) Successful completion at an accredited dental school approved by the board of the last two years of a program and receipt of the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and"

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

Approved May 2, 2012.

__________

AVIATION CONSERVATION AND NATURAL RESOURCES TRANSFER OF PERSONNEL, AIRCRAFT, AND OTHER ASSETS FROM GEORGIA AVIATION AUTHORITY TO DEPARTMENT OF NATURAL RESOURCES, STATE FORESTRY COMMISSION, AND DEPARTMENT OF TRANSPORTATION.

No. 738 (Senate Bill No. 339).

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 provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources, the State Forestry Commission, and the Department of Transportation; to provide for related matters; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities

GEORGIA LAWS 2012 SESSION

1083

of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, is 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)(1)(A) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, 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. (B) This Code section shall not diminish those powers and duties of the Department of Natural Resources under Code Section 12-2-11, the State Forestry Commission under Code Section 12-6-25, or the Department of Public Safety under Code Section 35-2-140. (2)(A) 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 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. (B) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the Department of Natural Resources and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Natural Resources. (C) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the State Forestry Commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the State Forestry Commission. (D) For purposes of aerial aviation photography, the King Air 90 aircraft that was specially equipped and adapted to perform essential aerial photography under the custody and control of the authority as of June 30, 2012, which was previously transferred to the authority by the Department of Transportation, and associated parts

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and equipment specific to that aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Transportation. The Department of Transportation shall have the authority to own, operate, maintain, and dispose of aircraft to support the aerial photography mission needs of the department. (3) On and after July 1, 2009, or a later date determined by the Governor, no entity of state government shall acquire, lease, or charter any aircraft other than through the authority. (4)(A) 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 (B) The provisions of subparagraph (A) of this paragraph notwithstanding:
(i) 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. (ii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012, and shall no longer be under the administration or direction of the authority. (iii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. (5)(A)(i) 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. (ii) The provisions of division (i) of this subparagraph notwithstanding:
(I) 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. (II) All airfields and appurtenances, including hangars, previously transferred by the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012. (III) All airfields and appurtenances, including hangars, previously transferred by the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012.

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(B) 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. (6)(A) 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) This paragraph shall not apply to state aircraft assigned to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission. (b) In the furtherance of its purpose, the authority shall have the power to: (1) Hire, organize, and 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 training, education, and purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities; 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; (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)(1) 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. (2)(A) No state entity other than the authority shall be authorized without the approval of the authority 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. (B) This paragraph shall not apply to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission. (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 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

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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 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Article 1 of Chapter 2, relating to general provisions relative to the Department of Natural Resources, by adding a new Code section to read as follows:
"12-2-11. (a)(1) The department 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 the mission of the department and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the department and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the department. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the department to the authority shall be transferred back to the department on July 1, 2012, and shall no longer be under the administration or direction of the authority. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the department and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the department as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the department on such date. (5) The department shall be responsible for providing aviation services in support of the mission of the department. The department shall be authorized to dispose of any state aircraft assigned to the department and apply the proceeds derived therefrom to the purchase of replacement aviation assets.

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(b) The department 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 department aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for department aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the department 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 of 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 department aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for department aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars."

SECTION 3. Said title is further amended in Part 1 of Article 1 of Chapter 6, relating to the State Forestry Commission, by adding a new Code section to read as follows:
"12-6-25. (a)(1) The commission shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the commission, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the commission and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the commission and

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associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the commission. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the commission to the authority shall be transferred back to the commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the commission and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the commission as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the commission on such date. (5) The commission shall be responsible for providing aviation services in support of the mission of the commission. The commission shall be authorized to dispose of any state aircraft assigned to the commission and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) The commission 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 commission aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for commission aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the commission 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 of 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 commission 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 commission aviation assets;

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(9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for commission aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars."

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

Approved May 2, 2012.

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STATE GOVERNMENT STATE ACCOUNTING OFFICER DESIGNATED AS COMPTROLLER GENERAL; TRANSFER OF OFFICE, FUNCTIONS, DUTIES, AND RESPONSIBILITIES FROM COMMISSIONER OF INSURANCE TO STATE ACCOUNTING OFFICE.

No. 739 (Senate Bill No. 343).

AN ACT

To amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the Comptroller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, is amended by designating the existing provisions as Article 1 and adding a new article to read as follows:

"ARTICLE 2

50-5B-20. (a) There shall be in the office of the State Accounting Office the office of the Comptroller General of the State of Georgia. The state accounting officer shall be the Comptroller General. (b) It shall be the duty of the Comptroller General:
(1) To keep an account showing the several appropriations authorized by law, the time when the same are drawn from the treasury, in whose favor they are drawn, and to what fund they are charged; (2) To examine, check, and countersign all warrants upon the treasury drawn by the Governor, the President of the Senate, and the Speaker of the House of Representatives and to charge the amount thereof to the funds on which they may be respectively drawn prior to their being presented to the Office of the State Treasurer for payment; (3) To audit all accounts against the state and to allow or reject the same before they are submitted to the Governor; (4) To see that no draft or warrant shall be countersigned by him or her to be paid out of any appropriated fund after the fund has been exhausted; and, in such case, or in any case of illegal payments from the treasury upon warrants countersigned by the Comptroller General, the Comptroller General and the state treasurer with all their securities shall be jointly and severally liable upon their several bonds for the repayment of such amounts with all expenses of prosecution to the state; (5) To receive and keep safely and collect all evidences of debt due to the state from any source other than taxes and to pay over the same to the state treasurer as soon as collected; (6) To keep a book in which to enter all bonds taken and to file the originals in his or her office; (7) To have made suitable indexes to the record books in his or her office; and (8) To certify under his or her official seal at all times when necessary for public use and, on application and payment of his or her legal fees therefor, for private use, copies of any papers kept in his or her office.

50-5B-21. The Comptroller General is authorized and directed to designate one of his or her employees as deputy comptroller general. In the event the Comptroller General is sick or for any other reason is absent from his or her office for three or more days, the deputy

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comptroller general shall examine, check, and countersign any warrants during the absence of the Comptroller General.

50-5B-22. The Comptroller General shall keep in his or her office a bound book in which shall be entered in alphabetical order the full amount of all annual appropriations, setting forth the amounts under their several heads; all warrants that he or she may check and pass, together with the fund on which they are drawn and the time, amount, and in whose favor drawn; and all entries necessary for a true exhibit of the finances of the state.

50-5B-23. The Comptroller General shall make an annual report to the Governor, which report shall show, from his or her books, a current account of all receipts and payments between the Office of the State Treasurer and the state, including the amount paid on the drafts of the President of the Senate and the Speaker of the House of Representatives as reported to him or her by the Office of the State Treasurer.

50-5B-24. The Comptroller General shall have an official seal of such design as he or she shall select with the approval of the Governor."

SECTION 2. Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, is amended by revising Code Section 45-14-3, relating to duties of Commissioner of Insurance as Safety Fire Commissioner, Industrial Loan Commissioner, and Comptroller General, as follows:
"45-14-3. The Commissioner of Insurance shall be the Safety Fire Commissioner and the Industrial Loan Commissioner."

SECTION 3. Said chapter is further amended by revising Code Section 45-14-5, relating to the seal of the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General, as follows:
"45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, and Industrial Loan Commissioner shall have an official seal for each office of such design as he or she shall select with the approval of the Governor. Every certificate and other document or paper executed by the Commissioner of Insurance, Safety Fire Commissioner, or Industrial Loan Commissioner in the pursuance of any authority conferred upon that office by law and sealed with the seal of that office and all copies or photographic copies of papers certified

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by him or her and authenticated by said seal shall in all cases be evidence 'in equal and like manner' as the original thereof and in all cases be primary evidence of the contents of the original and shall be admissible in any court in this state."

SECTION 4. Said chapter is further amended by revising Code Section 45-14-5, relating to the seal of the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General, as follows:
"45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, and Industrial Loan Commissioner shall have an official seal for each office of such design as he or she shall select with the approval of the Governor."

SECTION 5. Said chapter is further amended by repealing Article 2, relating to the Comptroller General.

SECTION 6. This Act shall become effective on July 1, 2012, except for Sections 3 and 4. Section 3 shall become effective on July 1, 2012, and shall remain effective until December 31, 2012. Section 4 shall become effective on January 1, 2013.

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

Approved May 2, 2012.

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FOOD, DRUGS, AND COSMETICS STATE BOARD OF PHARMACY; SELLING, DISTRIBUTING, AND DELIVERING PRESCRIPTION DRUGS BY MAIL OR OTHER COMMON CARRIERS; REMOTE ORDER ENTRY FOR HOSPITAL PHARMACIES.

No. 740 (Senate Bill No. 346).
AN ACT
To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of

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Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to amend Code Sections 26-4-5 and 26-4-80 of the Official Code of Georgia Annotated, relating to definitions and dispensing of prescription drugs, respectively, so as to authorize the use of remote order entry for hospital pharmacies; to provide for submission of policies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by revising paragraph (11) of subsection (a) as follows:
"(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to:
(A) A patient or directly to a patient's guardian or caregiver or a physician or physician acting as the patient's agent for whom the prescription drug was prescribed if:
(i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (vii) The specialty pharmacy establishes and notifies the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner

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or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs; (B) An institution or to sell, distribute, or deliver prescription drugs, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110 or to a patient on behalf of a pharmacy. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions: (i) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (ii) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (iii) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (iv) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of subparagraph (B) of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization; or

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(C) A pharmacist or pharmacy to dispense a prescription and deliver it to another pharmacist or pharmacy to make available for a patient to receive the prescription and patient counseling according to Code Section 26-4-85. The State Board of Pharmacy shall adopt any rules and regulations necessary to implement this subparagraph."

SECTION 1A. Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to pharmacists and pharmacies, by adding a new paragraph to read as follows:
"(37.2) 'Remote order entry' means the entry made by a pharmacist located within the State of Georgia from a remote location indicating that the pharmacist has reviewed the patient specific drug order for a hospital patient, has approved or disapproved the administration of the drug for such patient, and has entered the information in the hospital's patient record system."

SECTION 1B. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing of prescription drugs, is amended by revising paragraph (7) of subsection (c) as follows:
"(7)(A) The board shall promulgate rules and regulations under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations. (B) The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when:
(i) The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 16 hours; or (ii) When at least one licensed pharmacist is physically present in the hospital pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy. (C) Before a hospital may engage in remote order entry as provided in this paragraph, the director of pharmacy of the hospital shall submit to the board written policies and procedures for the use of remote order entry. The required policies and procedures to be submitted to the board shall be in accordance with the American Society of Health-System Pharmacists and shall contain provisions addressing quality assurance and safety, mechanisms to clarify medication orders, processes for reporting medication errors, documentation and record keeping, secure electronic access to the hospital pharmacy's patient information system and to other electronic systems that the on-site pharmacist has access to, access to hospital policies and procedures, confidentiality and security, and mechanisms for real-time communication with prescribers, nurses, and other care givers responsible for the patient's health care.

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(D) If the board concludes that the hospital's actual use of remote order entry does not comply with this paragraph or the rules adopted pursuant to this chapter, it may issue a cease and desist order after notice and hearing."

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

Approved May 2, 2012.

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LOCAL GOVERNMENT MUNICIPAL COURTS; TRAINING OF JUDGES OF COURTS EXERCISING MUNICIPAL COURT JURISDICTION.

No. 741 (Senate Bill No. 351).

AN ACT

To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by revising Code Section 36-32-11, relating to required training for judges, as follows:
"36-32-11. (a) All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of training completed by municipal judges and judges of courts exercising municipal court jurisdiction. (c) If any municipal judge, or any judge of a court exercising municipal court jurisdiction, does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission,

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which may remove the judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the judge. (d) The reasonable costs and expenses of such training shall be paid by the governing authority of the jurisdiction where the judge presides. (e) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction."

SECTION 2. Said chapter is further amended by revising Code Section 36-32-27, relating to mandatory training of municipal court judges, as follows:
"36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training. (c) Except as provided in subsection (d) of this Code section, in order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction. (d) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction."

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

Approved May 2, 2012.

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AGRICULTURE REPEAL "GEORGIA TREATED TIMBER PRODUCTS ACT OF 1973."

No. 742 (Senate Bill No. 357).

AN ACT

To amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, is amended by repealing Part 2, relating to treated timber products, and designating said part as reserved.

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

Approved May 2, 2012.

__________

STATE GOVERNMENT VENDOR PREFERENCES.

No. 743 (Senate Bill No. 358).

AN ACT

To amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, is amended by revising subsection (b) as follows:
"(b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state, or by any local government of such state, to vendors resident therein over vendors resident in the State of Georgia."

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

Approved May 2, 2012.

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PROFESSIONS AND BUSINESSES PROPERTY REAL ESTATE PROFESSIONALS; LICENSING; SANCTIONS.

No. 744 (Senate Bill No. 365).

AN ACT

To amend Title 43 and Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to professions and businesses and disbursement of settlement proceeds, respectively, so as to change certain provisions relating to real estate and real estate professionals; to provide for definitions relative to real estate appraisers; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to change certain provisions relating to the real estate education, research, and recovery fund; to revise certain provisions relating to the commission's subrogation rights; to change the definition of "settlement agent"; to change provisions relating to the applicability of the Code section and the availability of damages for violating the Code section; to provide for criminal penalties; 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:

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SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subparagraph (B) of paragraph (3) of Code Section 43-39A-2, relating to definitions relative to real estate appraisers, as follows:
"(B) 'Appraisal management company' does not include: (i) Any person licensed to practice law in this state who orders an appraisal in connection with a bona fide client relationship when that person directly contracts with an appraiser; (ii) Any person who contracts with an appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and who, upon the completion of such an assignment, cosigns the appraisal report with the appraiser who is acting as an independent contractor; (iii) Any federal, state, or local government or any of its departments, agencies, or authorities that order appraisals; (iv) Any person who orders an appraisal on behalf of any federal, state, or local government or its departments, agencies, or authorities as an employee thereof; or (v) A relocation company."

SECTION 2. Said title is further amended by revising Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by adding a new paragraph to read as follows:
"(25.1) 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated."

SECTION 3. Said title is further amended by revising subsection (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation, as follows:
"(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction other than a citation or a letter of findings authorized by this chapter imposed by any professional licensing agency on such member's right to practice a trade or profession."

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SECTION 4. Said title is further amended by revising Code Section 43-39A-14, relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default, as follows:
"43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b)(1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' means any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States.
(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all

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terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this state or any other state of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of a classification or approval. An applicant for any classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued a classification or approval by the board only if: (A) The time periods identified in paragraph (1.1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification. (e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification. (f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.

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(g) Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser:
(1) Surrendered or surrenders an appraiser classification to the board; (2) Allowed or allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allowed or allows an appraiser classification to lapse due to failure to pay any required fees, the board may issue an order revoking such appraiser's classification. The order shall be effective ten days after the order is served on the appraiser unless the appraiser makes a written request for a hearing before the board, in which event, the board shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-39A-21. (h) Whenever any occupational licensing body of this state or any other state has disciplined any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state or any other state after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicant's licensure or classification, such discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state or any other state has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state or any other state after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may issue an appraiser classification only if: (1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser shall immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter. (j) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action shall be sufficient

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grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in such Code sections shall be the only such procedures required under this article. (k) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such finding shall be sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article. (l) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification."

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 43-39A-18, relating to penalties for violations, unfair trade practices, and civil judgments, as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever an appraiser classification, a school approval, or an instructor approval has been obtained by false or fraudulent representation, or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section, the board shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a classification to an applicant; (2) Administer a reprimand; (3) Suspend any classification or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the classification or approval; (4) Revoke any classification or approval; (5) Revoke any classification issued to an appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; (6) Impose on an appraiser, applicant, approved school, or approved instructor monetary assessments in an amount necessary to reimburse the board for administrative, investigative, and legal costs and expenses incurred by the board in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate appraisal or instruction; or

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(9) Limit or restrict any classification or approval as the board deems necessary for the protection of the public. Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter."

SECTION 6. Said title is further amended by revising Code Section 43-39A-18.1, relating to alternative disciplinary procedures and citations, as follows:
"43-39A-18.1. (a) It is the intent of the General Assembly to provide the board with disciplinary measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may:
(1) Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50; (2) Issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing; or (3) Issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct. A letter of findings shall be confidential and shall not appear on the classification history of an appraiser. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22.

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(c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation or a letter of findings."

SECTION 7. Said title is further amended by revising subsection (d) of Code Section 43-40-2, relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit, as follows:
"(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction, other than a citation or a letter of findings authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession."

SECTION 8. Said title is further amended by revising subsection (c) of Code Section 43-40-8, relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses, as follows:
"(c) In order to qualify to become an applicant for a broker or associate broker's license, an individual shall:
(1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Have maintained a license in active status for at least three of the five years immediately preceding the filing of an application to become a broker; (5) Furnish evidence of completion of 60 instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant shall furnish evidence of completion of an additional 75 instructional hours in courses or a course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after maintaining a license in active status for at least three of the five years immediately preceding such examination.

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Failure to meet any of these requirements shall be grounds for denial of license without a hearing."

SECTION 9. Said title is further amended by revising Code Section 43-40-15, relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default, as follows:
"43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been disciplined by any legally constituted regulatory agency for violating a law regulating the sale of real estate.
(b)(1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' means any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States.
(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval.

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(1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any license or approval authorized by this chapter has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this state or any other state such conviction in itself may be sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this paragraph may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter.

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(d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license. (e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
(1) Surrendered or voluntarily surrenders the license to the commission; (2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees, the commission may issue an order revoking such licensee's license. The order shall be effective ten days after the order is served on the licensee unless the licensee makes a written request for a hearing before the commission, in which event, the commission shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-40-26. (h) Whenever any occupational licensing body of this state or any other state has disciplined the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state or any other state after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state or any other state has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state or any other state after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if: (1) At least ten years have passed since the date that the applicant's occupational license was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

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(i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee shall immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter. (j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section. (k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this chapter. (l) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status shall be sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter. (m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license."

SECTION 10. Said title is further amended by revising subsection (b) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows:
"(b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $25,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:

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(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $75,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $25,000.00 from the fund."

SECTION 11. Said title is further amended by revising subsection (d) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows:
"(d)(1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon 30 days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. The commission shall have the right to intervene in and object to such verified claim on the issue of whether or not the claim was in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person:
(A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons; (B) Has complied with all the requirements of this Code section; (C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;

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(D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) Has caused the judgment debtor to make discovery under oath concerning the judgment debtor's property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act'; (F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) Has discovered by such search no personal or real property or other assets liable to be sold or applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court:
(i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him or her for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a

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licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a firm, the license of the qualifying broker of the firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year."

SECTION 12. Said title is further amended by revising subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation, or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, those listed in this Code section, the commission shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a reprimand; (3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval; (4) Revoke any license or approval; (5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salesperson's license; (6) Impose on a licensee, applicant, approved school, or approved instructor monetary assessments in an amount necessary to reimburse the commission for the administrative, investigative, and legal costs and expenses incurred by the commission in conducting any

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proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate brokerage or instruction; (9) Require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or (10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public. Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter."

SECTION 13. Said title is further amended by revising subsection (c) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(c) When a licensee has previously been sanctioned by the commission or disciplined by any other state's real estate brokerage licensing authority, the commission may consider any such prior sanctions or disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after opportunity for a hearing."

SECTION 14. Said title is further amended by revising Code Section 43-40-25.2, relating to alternative disciplinary procedures and citations, as follows:
"43-40-25.2. (a) It is the intent of the General Assembly to provide the commission with measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may:

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(1) Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50; (2) Issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing; or (3) Issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices. A letter of findings shall be confidential and shall not appear on the license history of a licensee. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-40-27. (c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation or a letter of findings."

SECTION 15. Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, is amended by revising paragraph (10) of subsection (a) and subsections (b) and (e) and by adding two new subsections (f) and (g) to read as follows:
"(10) 'Settlement agent' means the lender or an active member of the State Bar of Georgia responsible for conducting the settlement and disbursement of the settlement proceeds." "(b) This Code section shall apply only to transactions involving purchase money loans made by a lender, or refinance loans made by the current or a new lender, which loans will be secured by deeds to secure debt or mortgages on real estate within the State of Georgia

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containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status." "(e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the party suffering the loss an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater. (f) Any individual, corporation, partnership, or other entity conducting the settlement and disbursement of loan funds, when he, she, or it is not the settlement agent, shall be guilty of a misdemeanor. (g) Nothing contained in this Code section shall prevent a real estate broker or real estate salesperson from exercising the rights and providing the duties and services specified by Chapter 40 of Title 43."

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

Approved May 2, 2012.

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AGRICULTURE AUTHORIZE COMMISSIONER OF AGRICULTURE TO REQUIRE PERSONS INCURRING CIVIL PENALTIES TO OBTAIN SURETY BOND.

No. 745 (Senate Bill No. 367).

AN ACT

To amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, is amended by revising paragraph (1) of subsection (h) as follows:

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"(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such civil penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law; and where the imposition of such civil penalties is not provided for therein but violation of such law is punishable as a criminal offense, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether civil penalties in an amount not to exceed $1,000.00 per violation should be imposed. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92. The Commissioner may require any person to obtain a surety bond on the balance of a monetary penalty or suspended portion of a monetary penalty imposed on such person pursuant to a consent order or final decision from which no further review is taken or allowed. If any aggrieved or adversely affected party fails to follow the terms of such consent order or final decision, the Commissioner may commence and maintain an action against the principal and surety on the bond."

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

Approved May 2, 2012.

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INSURANCE CONFIDENTIALITY OF RECORDS OF THE COMMISSIONER OF INSURANCE; PREMIUM TAXES; REINSURANCE; NOTICES OF CANCELLATION.

No. 746 (Senate Bill No. 385).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance to extend to state, federal, or international regulatory law enforcement; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection to include state participation in certain agreements with other states; to revise certain provisions regarding reinsurance; to revise certain provisions regarding reinsurance credits applicable to an

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assuming insurer licensed in its state of domicile or of certain alien assuming insurers; to provide that certain notices of insurance cancellation may be delivered with the monthly bill for such insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsections (g) and (i) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, certification of reports, admissibility in evidence, notice and hearing on reports, and use of examination documents, as follows:
"(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, analysis, information, documents, information received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis by the Commissioner of the financial condition or market conduct of a company must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." "(i) Nothing contained in this Code section shall prevent or be construed as prohibiting the Commissioner from disclosing the work papers, analysis, information, or a document described in subsection (g) of this Code section to state, federal, or international regulatory agencies or state, federal, or international law enforcement authorities so long as such recipient agrees in writing to treat such report confidentially and in a manner consistent with this title."

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business and computation and allocation of tax, as follows:
"(b) If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44 and 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."

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SECTION 3. Said title is further amended by revising subsection (b) of Code Section 33-5-33, relating to filing of report by persons procuring insurance with unauthorized insurers and levy, collection, and disposition of tax by persons procuring such insurance, and adding a new subsection to read as follows:
"(b) If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his property or interests, a tax covering risks or exposures located or to be performed both in and out of this state, after deduction of return premiums, if any. The sum payable shall be computed based upon 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. Such tax shall be paid to the Commissioner coincidentally with the filing of the report provided for in subsection (a) of this Code section. (b.1) If this state does not participate in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his or her property or interests both in and out of this state, a tax at the rate of 4 percent of the gross premium paid for any such insurance, after deduction of return premiums, if any. Such tax shall be paid to the Commissioner coincidently with the filing of the report provided for in subsection (a) of this Code section."

SECTION 4. Said title is further amended by revising Code Section 33-5-41, relating to Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes, as follows:
"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 Sections 33-5-31 and 33-5-33."

SECTION 5. Said title is further amended by revising Code Section 33-7-14, relating to reinsurance of risks, as follows:
"33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets

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the requirements of paragraph (1), (2), (3), (4), (5), or (6) of this subsection. Credit shall be allowed under paragraph (1), (2), or (3) of this subsection only with respect to cessions of those kinds of classes of business for which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile, or in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (7) of this subsection shall also be met:
(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer by the Commissioner in this state. In order to be eligible for accreditation, a reinsurer shall:
(A) File with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submit to this state's authority to examine its books and records; (C) Be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, be entered through and licensed to transact insurance or reinsurance in at least one state; (D) File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and (E) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount of not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after the submission of its application; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in subsection (c) of this Code section, for the payment of the valid claims of its United States ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that

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required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million; provided, however, that, at any time after the assuming insurer has permanently discontinued underwriting new business secured by trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction of the required trusteed surplus, but only after a finding, based upon an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than 30 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group for all years of account; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and, within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall provide to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator or, if a certification is unavailable, financial statements prepared by independent public accountants of each member of the group. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain

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a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and financial statements prepared by its independent public accountant. (C) Credit for reinsurance shall not be granted under this paragraph unless the form of the trust and any amendments to the trust have been approved by the commissioner of the state where the trust is domiciled or the commissioner of another state, who, pursuant to the terms of the trust agreement, has accepted principal regulatory oversight of the trust. The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection if such assuming insurer has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection. (A) In order to be eligible for certification, the assuming insurer shall meet the following requirements:
(i) The assuming insurer shall be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to subparagraph (C) of this paragraph; (ii) The assuming insurer shall maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation; (iii) The assuming insurer shall maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation; (iv) The assuming insurer shall agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this state, and agree

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to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment; (v) The assuming insurer shall agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and (vi) The assuming insurer shall satisfy any other requirements for certification deemed relevant by the Commissioner. (B) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of subparagraph (A) of this paragraph: (i) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents, net of liabilities, of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association of any of its members, in an amount determined by the Commissioner to provide adequate protection; (ii) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and (iii) Within 90 days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association. (C) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer. (i) In order to determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction shall agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner.

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(ii) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners (NAIC) Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations. (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions. (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation. (D) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings. (E) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subparagraph at a level consistent with its rating, as specified in regulations promulgated by the Commissioner. (i) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section, or in a multibeneficiary trust in accordance with paragraph (4) of this subsection, except as otherwise provided in this paragraph. (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to paragraph (4) of this subsection, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations subject to paragraph (4) of this subsection. It shall be a condition to the grant of certification under this paragraph that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account. (iii) The minimum trusteed surplus requirements provided in paragraph (4) of this subsection are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million.

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(iv) With respect to obligations incurred by a certified reinsurer under this subparagraph, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and shall have the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due. (v) For purposes of this subparagraph, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations:
(I) As used in this subparagraph, the term 'terminated' refers to revocation, suspension, voluntary surrender, and inactive status. (II) If the Commissioner continues to assign a higher rating as permitted by other provisions of this paragraph, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended. (F) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner shall have the discretion to defer to that jurisdiction's certification, and shall have the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state. (G) A certified reinsurer that ceases to assume new business in this state may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this paragraph, and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business; (6) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), (4) or (5) of this subsection, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction; (7) If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That, in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, shall comply with all requirements necessary to give the court jurisdiction, and shall abide by the final decision of the court or of any appellate court in the event of an appeal; and

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(B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding insurer. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement; (8) If the assuming insurer does not meet the requirements of paragraph (1), (2), or (3) of this subsection, the credit permitted by paragraph (4) or (6) of this subsection shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions: (A) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subparagraphs (A) and (B) of paragraph (4) of this subsection, as applicable, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund; (B) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies; (C) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and (D) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision. (9) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer's accreditation or certification. (A) The Commissioner shall give the reinsurer notice and opportunity for hearing. The suspension or revocation shall not take effect until after the Commissioner's order on hearing, unless:
(i) The reinsurer waives its right to hearing; (ii) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction

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or in the primary certifying state of the reinsurer under subparagraph (F) of paragraph (5) of this subsection; or (iii) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action. (B) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with subparagraph (E) of paragraph (5) of this subsection or subsection (b) of this Code section. (10) Concentration Risk: (A) A ceding insurer shall take steps to manage its reinsurance recoverable proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurers, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (B) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 percent of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (b) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the

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Purposes and Procedures Manual of the Securities Validation Office, and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of, or in the trust for, the ceding insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c)(1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that:
(A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies."

SECTION 6. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by Commissioner, as follows:
"(1) The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such policy or any installment of premiums or the renewal of premiums, whether payable directly to the insurer or indirectly to the agent. Notwithstanding the provisions of subsection (d) of Code Section 33-24-44, such notice of cancellation issued to an insured, who is paying on a monthly basis, may be included

GEORGIA LAWS 2012 SESSION

1129

with the bill issued to the insured, provided that the bill is mailed to the insured at least ten days prior to the due date;".

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

Approved May 2, 2012.

__________

AGRICULTURE IMMUNITY FOR AGENCY DESIGNATED FOR SEED CERTIFICATION; REVISE PROVISIONS REGARDING CLAIMS FILED WITH SEED ARBITRATION COUNCIL.

No. 747 (Senate Bill No. 390).

AN ACT

To amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to revise provisions relating to claims filed with the Seed Arbitration Council for damages relating to seed or tree nonconformity or nonperformance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by revising Code Section 2-11-52, relating to the designation of an agency for certification of seeds and plants and to liability for damages resulting from certification work, as follows:
"2-11-52. In order to execute the policy stated in Code Section 2-11-50, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. The dean shall designate a certifying agency, provided that such designee must be in good standing with the Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. The certifying agency so designated by the

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dean shall, along with its employees, be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act.'"

SECTION 2. Said chapter is further amended in Code Section 2-11-73, relating to the filing of complaints with the Seed Arbitration Council, by revising subsection (a) as follows:
"(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner in time for the seed, crop, or plants to be inspected to determine if the alleged deficiencies warrant arbitration. Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner in time for the trees to be inspected to determine if the alleged deficiencies warrant arbitration. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail or statutory overnight delivery."

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

Approved May 2, 2012.

GEORGIA LAWS 2012 SESSION
EDUCATION OFFICE OF STUDENT ACHIEVEMENT; PRIVATE COLLEGES IMMUNE FROM LIABILITY FOR BREACH OF CONFIDENTIALITY OF DATA BY OFFICE OF STUDENT ACHIEVEMENT.

1131

No. 748 (Senate Bill No. 405).

AN ACT

To amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Office of Student Achievement, so as to provide that a private college that submits confidential student data and records to the Office of Student Achievement shall not be liable for the breach of the confidentiality of such data and records by the Office of Student Achievement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Office of Student Achievement, is amended by adding a new Code section to read as follows:
"20-14-29. (a) When private colleges and universities in this state provide the Office of Student Achievement with confidential student data or records concerning students enrolled in such private colleges and universities, such private colleges and universities shall not be held liable in any court in this state for any breach of confidentiality, disclosure, use, retention, or destruction of such information if such breach, disclosure, use, retention, or destruction resulted from actions of the Office of Student Achievement or its staff and not from the transmission of the information by the private college or university before such information reached the Office of Student Achievement. (b) This Code section shall apply to any student data or records that are confidential under any law of this state or any federal law, including, but not limited to, the federal Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g."

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

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

Approved May 2, 2012.

__________

HEALTH REPEAL HEALTH STRATEGIES COUNCIL AND THE CLINICAL LABORATORY, BLOOD BANK, AND TISSUE BANK COMMITTEE.

No. 749 (Senate Bill No. 407).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the creation of the Health Strategies Council and the Clinical Laboratory, Blood Bank, and Tissue Bank Committee; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by repealing Code Section 31-6-20, relating to the Health Strategies Council generally, and designating said Code section as reserved as follows:
"31-6-20. Reserved."

SECTION 2. Said title is further amended by repealing Code Section 31-22-3, relating to the Clinical Laboratory, Blood Bank, and Tissue Bank Committee, and designating said Code section as reserved as follows:
"31-22-3. Reserved."

SECTION 3. Said title is further amended by revising Code Section 31-22-6, relating to powers of the board to promulgate rules and regulations and establish and enforce standards, as follows:

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1133

"31-22-6. In addition to powers conferred elsewhere in this chapter, the board shall:
(1) Promulgate rules and regulations for the implementation of this chapter; (2) Establish and enforce standards governing the safety and sanitary requirements pertaining to clinical laboratories to the extent that they are not otherwise subject to requirements imposed by law or municipal ordinance; and (3) Promulgate rules and regulations relating to the qualifications and performance of all personnel."

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

Approved May 2, 2012.

__________

EDUCATION DELAY EFFECTIVE DATE OF PROVISION REGARDING COMPOSITION OF COUNTY BOARD OF EDUCATION IN CERTAIN COUNTIES.

No. 750 (Senate Bill No. 412).

AN ACT

To amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to 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 and terms of service, so as to delay the effective date of such Code section until January 1, 2015; 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 20-2-52.1 of the Official Code of Georgia Annotated, relating to 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 and terms of service, is amended by revising subsection (a) as follows:
"(a) On and after January 1, 2015, 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

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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."

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

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

Approved May 2, 2012.

__________

INSURANCE EXCHANGE STANDARDS FOR ELECTRONIC PRIOR AUTHORIZATION DRUG REQUESTS; ADOPTION OF NATIONAL COUNCIL OF PRESCRIPTION DRUG PROGRAMS STANDARDS; CLINICAL WORKFLOW DECISION SUPPORT FOR PHYSICIAN PROVIDERS; TRANSMISSION SECURITY.

No. 751 (Senate Bill No. 416).

AN ACT

To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for adoption of the National Council of Prescription Drug Programs standards; to provide clinical workflow decision support of physician providers; to provide transmission security; 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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1135

SECTION 1. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by adding a new Code section to read as follows:
"33-64-8. (a) As used in this Code section, 'electronic prior authorization' or 'e-prior authorization' means a requirement that a prescriber obtain approval via electronic media from a health plan to prescribe a specific medication prior to dispensing. Facsimiles shall not be considered an electronic submission under this Code section except in the event that such electronic media is temporarily unavailable due to system failure or outage. (b) No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, the department shall under the direction of the Commissioner adopt standards by which the pharmacy benefits manager shall exchange standard e-prior authorization requests with health care providers for drugs and devices using electronic data interchange standards consistent with those adopted by the National Council of Prescription Drug Programs. Such standards shall support clinical workflow decision support of the physician provider. (c) No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, e-prior authorization requests shall be accessible and submitted by providers to pharmacy benefits managers and health plans through secure electronic transmissions utilizing the current National Council of Prescription Drug Programs electronic prior authorization standard. (d) Nothing in this Code section shall require any health care provider to participate in e-prior authorization or electronic prior authorization in order to obtain the necessary authorization for patient care."

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I
COMMERCE AND TRADE CRIMES AND OFFENSES REVENUE AND TAXATION REGULATION OF PROMOTIONS AND GAMING DEVICES.

No. 752 (Senate Bill No. 431).

AN ACT

To amend Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, so as to further define unlawful lotteries with regard to promotions; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to revise a definition; to provide for the applicability of certain provisions to certain games and devices; to revise the prohibition regarding certain noncash redemption items; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise definitions relating to coin operated amusement machines; to provide an exception from a limitation on the allowable number of such machines at the same location; to authorize local governments to adopt any combination of a list of ordinance provisions relating to bona fide coin operated amusement machines; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, is amended in paragraph (16) of subsection (b) by revising subparagraph (N) and adding a new subparagraph to read as follows:
"(N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. Except as provided in Code Section 16-12-35 and Chapter 17 of Title 48, any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20 and shall not be permitted under this chapter. Any promotion involving the playing of a no-skill game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery;

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1137

(N.1) All prizes offered and awarded shall be noncash prizes only and shall not be redeemable for cash;".

SECTION 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising paragraph (4) of Code Section 16-12-20, relating to definitions, as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. Except as otherwise provided in Code Section 16-12-35, a lottery shall also include the payment of cash or other consideration or the payment for merchandise or services and the option to participate in or play, even if others can participate or play for free, a no skill game or to participate for cash, other consideration, other evidence of winnings, or other noncash prizes by lot or in a finite pool on a computer, mechanical device, or electronic device whereby the player is able to win a cash or noncash prize, other consideration, or other evidence of winnings. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a:
(A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393; (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; (ii) No person to be eligible to receive such prize shall be required to:
(I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (II) Purchase any goods, wares, merchandise, or anything of value from such business; or (III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; and (iii) The prizes awarded shall be noncash prizes and cannot be awarded based upon the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state; (C) Raffle authorized under Code Section 16-12-22.1; or (D) National or regional promotion, contest, or sweepstakes conducted by any corporation or wholly owned subsidiary or valid franchise of such corporation, either

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directly or through another entity, provided that, at the time of such promotion, contest, or sweepstakes, such corporation:
(i) Is registered under the federal Securities Exchange Act of 1934; and (ii) Has total assets of not less than $100 million. The provisions of this part shall not be applicable to games offered by the Georgia Lottery Corporation pursuant to Chapter 27 of Title 50."

SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraphs (2.2) and (2.3) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines, as follows:
"(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and:
(A) Provides no reward to a successful player; (B) Rewards a successful player only with free replays or additional time to play; (C) Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35; (D) Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or (E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that allows a successful player to accrue points on the machine and carry over points won on one play to a subsequent play or plays in accordance with paragraph (2) of subsection (d) of Code Section 16-12-35 and: (A) Rewards a successful player in compliance with the provisions of paragraphs (1) and (2) of subsection (d) of Code Section 16-12-35; and (B) Does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35."

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SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"48-17-17. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter, the governing authority of any county or municipal corporation shall be authorized to enact and enforce an ordinance which includes any or all of the following provisions:
(1) Prohibiting the offering to the public of more than nine Class B bona fide coin operated amusement machines that reward the player exclusively with noncash merchandise, prizes, toys, gift certificates, or novelties at the same business location; (2) Requiring the owner or operator of a business location which offers to the public any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform all employees of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (3) Requiring the owner or possessor of any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform each business owner or business operator of the business location where such machine is located of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (4) Providing for the suspension or revocation of a license granted by such local governing authority to manufacture, distribute, or sell alcoholic beverages or for the suspension or revocation of any other license granted by such local governing authority as a penalty for conviction of the business owner or business operator of a violation of subsection (e), (f), or (g) of Code Section 16-12-35, or both. An ordinance providing for the suspension or revocation of a license shall conform to the due process guidelines for granting, refusal, suspension, or revocation of a license for the manufacture, distribution, or sale of alcoholic beverages set out in subsection (b) of Code Section 3-3-2; (5) Providing for penalties, including fines or suspension or revocation of a license as provided in paragraph (4) of this subsection, or both, for a violation of any ordinance enacted pursuant to this subsection; provided, however, that a municipal corporation shall not be authorized to impose any penalty greater than the maximum penalty authorized by such municipal corporation's charter; (6) Requiring any business owner or business operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 to provide to the local governing authority a copy of each verified monthly report prepared in accordance with such Code section, incorporating the provisions of such Code section in the ordinance, and providing for any and all of the penalties authorized by subsection (d) of Code Section 48-17-15; (7) Requiring the business owner or business operator of any business location which offers to the public one or more bona fide coin operated amusement machines to post prominently a notice including the following or substantially similar language:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'GEORGIA LAW PROHIBITS PAYMENT OR RECEIPT OF MONEY FOR WINNING A GAME OR GAMES ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY WON ON THIS AMUSEMENT MACHINE; OR AWARDING ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5.00 FOR A SINGLE PLAY OF THIS MACHINE.'; (8) Providing for restrictions relating to distance from specified structures or uses so long as those distance requirements are no more restrictive than such requirements applicable to the sale of alcoholic beverages; (9) Requiring as a condition for doing business in the jurisdiction disclosure by the business owner or business operator of the name and address of the owner of the bona fide coin operated amusement machine or machines; (10) Requiring that all bona fide coin operated amusement machines are placed and kept in plain view and accessible to any person who is at the business location; and (11) Requiring a business that offers one or more bona fide coin operated amusement machines to the public for play to post its business license or occupation tax certificate."

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 conduct that occurs on and after such date. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before the effective date of this Act shall be prosecuted and punished under the statutes in effect at the time the offense was committed.

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

Approved May 2, 2012.

GEORGIA LAWS 2012 SESSION
CRIMES AND OFFENSES LIMITATION ON REGULATION OF SALE AND POSSESSION OF KNIVES.

1141

No. 753 (Senate Bill No. 432).

AN ACT

To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to define certain terms; to provide that a county, municipality, or consolidated government shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law except in courthouses or government buildings; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by adding a new Code section to read as follows:
"16-11-136. (a) As used in this Code section, the term:
(1) 'Courthouse' shall have the same meaning as set forth in Code Section 16-11-127. (2) 'Government building' shall have the same meaning as set forth in Code Section 16-11-127. (3) 'Knife' means any cutting instrument with a blade and shall include, without limitation, a knife as such term is defined in Code Section 16-11-125.1. (b) Except for restrictions in courthouses and government buildings, no county, municipality, or consolidated government shall, by rule or ordinance, constrain the possession, manufacture, sale, or transfer of a knife more restrictively than the provisions of this part."

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMES AND OFFENSES PROHIBIT CERTAIN USES OF LASERS.

No. 754 (Senate Bill No. 441).

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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; 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 prohibit aiming a laser pointer or projecting a laser on or at an aircraft; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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 adding a new Code section to read as follows:
"16-10-34. (a) For purposes of this Code section, the term 'laser device' means a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or other means or that emits light which simulates the appearance of a beam of light. (b) It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if:
(1) The law enforcement officer is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the law enforcement officer 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;

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(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. (c) Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor. (d) It shall not be a defense to a prosecution for a violation of this Code section that the laser device was pointed at such officer through a glass, window, or other transparent or translucent object. (e) Each 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. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code section to read as follows:
"16-11-45. (a) As used in this Code section, the term:
(1) 'Laser' means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) 'Laser pointer' means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (b) Except as otherwise provided in subsection (c) of this Code section, whoever knowingly and intentionally aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor. (c) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section."

SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2012.

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BUILDINGS AND HOUSING FIRE PROTECTION AND SAFETY LABOR AND INDUSTRIAL RELATIONS TRANSFER CERTAIN FUNCTIONS RELATING TO ELEVATORS, DUMBWAITERS, ESCALATORS, MANLIFTS, AND SCAFFOLDING AND STAGING FROM DEPARTMENT OF LABOR TO OFFICE OF SAFETY FIRE COMMISSIONER.
No. 755 (Senate Bill No. 446).
AN ACT
To amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to remove bond requirements for certain personnel; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter to read as follows:
"CHAPTER 15 ARTICLE 1
25-15-1. (a) The office of Safety Fire Commissioner shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Labor in effect on June 30, 2012, or scheduled to go into effect on or after July 1, 2012, and which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Labor in effect on

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June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the office of Safety Fire Commissioner by proper authority or as otherwise provided by law. (b) Any proceedings or other matters pending before the Department of Labor or Commissioner of Labor on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the office of Safety Fire Commissioner on July 1, 2012. (c) The rights, privileges, entitlements, obligations, 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, 2012, by the Department of Labor which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the office of Safety Fire Commissioner. In all such instances, the office of Safety Fire Commissioner shall be substituted for the Department of Labor, and the office of Safety Fire Commissioner shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Labor in capacities which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012, shall, on July 1, 2012, become employees of the office of Safety Fire Commissioner in similar capacities, as determined by the Commissioner of Insurance. Such employees shall be subject to the employment practices and policies of the office of Safety Fire Commissioner on and after July 1, 2012, 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 office shall retain all existing rights under the State Personnel Administration. Accrued annual and sick leave possessed by the transferred employees on June 30, 2012, shall be retained by such employees as employees of the office of Safety Fire Commissioner. (e) On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of the state owned real property in the custody of the Department of Labor on June 30, 2012, and which pertains to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. (f) The Safety Fire Commissioner shall provide a report to the House Committee on Governmental Affairs and the Senate Government Oversight Committee prior to the first day of the 2013 regular session of the Georgia General Assembly outlining the effects and results of this Code section and providing information on any problems or concerns with respect to the implementation of this Code section."

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SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows:

"ARTICLE 2

25-15-10. This article shall be known and may be cited as the 'Boiler and Pressure Vessel Safety Act' and, except as otherwise provided in this article, shall apply to all boilers and pressure vessels.

25-15-11. As used in this article, the term:
(1) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term 'boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined as follows:
(A) 'Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (B) 'High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) 'Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (2) 'Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 25-15-24 may be issued. (3) 'Commissioner' means the Safety Fire Commissioner. (4) 'Office' means the office of Safety Fire Commissioner. (5) 'Pressure vessel' means a vessel other than those vessels defined in paragraph (1) of this Code section in which the pressure is obtained from an external source or by the application of heat.

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25-15-12. The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

25-15-13. (a)(1) The office shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the office may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the office. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The office shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this article pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable.
(b) The rules and regulations and any subsequent amendments thereto formulated by the office shall, immediately following a hearing upon not less than 20 days' notice as provided in this article, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the office. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing.

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(c) Subsequent amendments to the rules and regulations adopted by the office shall be permissive immediately and shall become mandatory 12 months after their promulgation.

25-15-14. No boiler or pressure vessel which does not conform to the rules and regulations of the office governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this article pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the office.

25-15-15. (a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable. (b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (c) This article shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the office governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition.

25-15-16. (a) This article shall not apply to the following boilers and pressure vessels:
(1) Boilers and pressure vessels under federal control or under regulations of 49 C.F.R. 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight;

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(4) Air tanks installed on the right of way of railroads and used directly in the operation of trains; (5) Pressure vessels that do not exceed:
(A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded: (A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water-containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water-containing capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves; (10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII; (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19; (13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of

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competency by the Commissioner in accordance with the provisions of Code Section 25-15-19; (14) Boilers and pressure vessels operated and maintained by a public utility; and (15) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 25-15-23 and Code Sections 25-15-24 and 25-15-26: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and (6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure.

25-15-17. (a) The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 25-15-20. Such chief inspector may be removed for cause after due investigation by the Commissioner. (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered:
(1) To take action necessary for the enforcement of the laws of this state governing the use of boilers and pressure vessels to which this article applies and of the rules and regulations of the office; (2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which this article applies; (3) To publish in print or electronically and make available to anyone requesting them copies of the rules and regulations promulgated by the office;

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(4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 25-15-24; and (5) To cause the prosecution of all violators of the provisions of this article.

25-15-18. The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 25-15-20.

25-15-19. (a) In addition to the deputy inspectors authorized by Code Section 25-15-18 the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the office and causes such pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the office pursuant to Code Section 25-15-13, issue to any inspectors of such insurance company certificates of competency as special inspectors and to any inspectors of such company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving or her certificate of competency shall satisfactorily pass the examination provided for by Code Section 25-15-20 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. (b) Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this article. (c) Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when

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so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the Commissioner.

25-15-20. The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the office or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he or she may appeal to the office for another examination which shall be given by the office or the appointed examining board after 90 days. The record of an applicant's examination shall be accessible to the applicant and his or her employer.

25-15-21. (a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal as provided in Code Section 25-15-28 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the office has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the office shall provide written notice to the inspector and his or her employer of the office's determination and the right to an appeal as provided in Code Section 25-15-28. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency.

25-15-22. If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination.

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25-15-23. (a) The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in this state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this article.
(b)(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 25-15-16 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows:
(A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the office; and (E) Nuclear vessels within the scope of this article shall be inspected and reported in such form and with such appropriate information as the office shall designate. (2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The office may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this article, the office is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard;

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(C) Quality of inspection and operating personnel; (D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this article. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the office may, in its discretion, permit variations in the inspection requirements. (c) The inspections required in this article shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this article. (d) Owner or user inspection of pressure vessels is permitted, provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the office and said owner or user causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable. (e) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel. (f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and regulations of the office shall become effective shall be inspected during construction as required by the applicable rules and regulations of the office by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

25-15-24. (a) Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition. (b) Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Code Section 25-15-19 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this article, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or the chief inspector's authorized representative during business hours. (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the office, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an

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inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (b)(1)(D) of Code Section 25-15-23 for which the office has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 25-15-23, the certificate shall be valid for a period of not more than two months beyond the period set by the office. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. (d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance. (e) The Commissioner or the Commissioner's authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this article. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the office and until such inspection certificate shall have been reinstated. (f) The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his or her authorized representative.

25-15-25. (a) Boilers and pressure vessels, subject to operating certificate inspections by special, owner, or user inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected.
(b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections. (2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall

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continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the office.

25-15-26. It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 25-15-24, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this article shall constitute a misdemeanor.

25-15-27. The owner or user of a boiler or pressure vessel required by this article to be inspected by the chief inspector or a deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Safety Fire Commissioner.

25-15-28. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this article may, within 15 days of notice thereof, request a hearing before an administrative law judge of the office of State Administrative Hearings, as provided by Code Section 50-13-41. (b) Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

25-15-29. No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions shall be void and of no effect.

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25-15-30. Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom."

SECTION 3. Said title is further amended by revising Chapter 12, relating to amusement ride safety, and redesignating it as a new article of Chapter 15 of Title 25 to read as follows:

" ARTICLE 3

25-15-50. This article shall be known and may be cited as the 'Amusement Ride Safety Act.'

25-15-51. As used in this article, the term:
(1) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site. (2) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative. (3) 'Certificate fee' means the fee charged by the office for a certificate to operate an amusement ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Safety Fire Commissioner. (6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the office to possess the requisite training and experience to perform competently the inspections required by this article and who is licensed by the office to perform inspections of amusement rides. (7) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride. (8) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee.

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(10) 'Permit' means a permit to operate an amusement ride issued to an owner by the office. (11) 'Permit fee' means the fee charged by the office for a permit to operate an amusement ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the office.

25-15-52. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

25-15-53. (a) The office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the office is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides. (b) The office shall:
(1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect amusement rides; (3) Issue permits upon compliance with this article and such standards and regulations adopted pursuant to this article; and (4) Establish a fee schedule for the issuance of permits for amusement rides.

25-15-54. The office may license such private inspectors as may be necessary to carry out the provisions of this article.

25-15-55. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the office. The owner of an amusement ride shall apply for a permit to the office on a form furnished by the office providing such information as the office may require.

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(b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator.

25-15-56. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense. If the amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant to this article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation. (b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this article.

25-15-57. The office may waive the requirement of subsection (a) of Code Section 25-15-56 if the owner of an amusement ride gives satisfactory proof to the office that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this article.

25-15-58. The office shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued.

25-15-59. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.

25-15-60. No person shall be permitted to operate an amusement ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time.

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25-15-61. The owner of the amusement ride shall report to the office any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the office in person or by phone in accordance with regulations adopted by the office.

25-15-62. (a) No person shall operate an amusement ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the office. (b) Regulations under this article shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the office.

25-15-63. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this article, or if any person is aggrieved by any order issued by the office, the person may make a written application to the office stating his or her grounds and applying for a variance. The office may grant such a variance in the spirit of the provisions of this article with due regard to public safety. The granting or denial of a variance by the office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the office and such record shall be open to inspection by the public.

25-15-64. This article shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.

25-15-65. This article shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this article. Owners of amusement rides in operation on or before the

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effective date of this article shall comply with the provisions of this article and the standards and regulations adopted pursuant to this article within six months after the adoption of such standards and regulations.

25-15-66. (a) The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or the Commissoner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this article.
(c)(1) Any person, firm, partnership, or corporation violating the provisions of this article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this article and the rules and regulations promulgated under this article. The imposition of a penalty for a violation of this article or the rules and regulations promulgated under this article shall not excuse the violation or permit it to continue.

25-15-67. The owner or operator of an amusement ride may deny entry to a person to an amusement ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section shall permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his or her duties under this article.

25-15-68. Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom.

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25-15-69. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48."

SECTION 4. Said title is further amended by revising Chapter 13, relating to carnival ride safety, and redesignating it as a new article of Chapter 15 of Title 25, as follows:

"ARTICLE 4

25-15-80. This article shall be known and may be cited as the 'Carnival Ride Safety Act.'

25-15-81. As used in this article, the term:
(1) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or the owner's representative. (2) 'Carnival ride' means any mechanical device, other than amusement rides regulated under Article 3 of this chapter, known as the 'Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3) 'Certificate fee' means the fee charged by the office for a certificate to operate a carnival ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Safety Fire Commissioner. (6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the office to possess the requisite training and experience to perform

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competently the inspections required by this article and who is licensed by the office to perform inspections of carnival rides. (7) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) 'Permit' means a permit to operate a carnival ride issued to an owner by the office. (11) 'Permit fee' means the fee charged by the office for a permit to operate a carnival ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the office.

25-15-82. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

25-15-83. (a) The office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The office shall:
(1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; and (3) Issue permits upon compliance with this article and such standards and regulations adopted pursuant to this article. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Safety Fire Commissioner.

25-15-84. The office may license such private inspectors as may be necessary to carry out the provisions of this article.

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25-15-85. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the office. The owner of a carnival ride shall apply for a permit to the office on a form furnished by the office, providing such information as the office may require.

25-15-86. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by a licensed inspector at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this article and the standards and regulations adopted pursuant to this article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation.

25-15-87. The office may waive the requirement of Code Section 25-15-86 if the owner of a carnival ride gives satisfactory proof to the office that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this article.

25-15-88. The office shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the office. The permit shall be valid for the calendar year in which issued.

25-15-89. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.

25-15-90. (a) No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time.

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(b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the office, whichever is greater.

25-15-91. The owner of the carnival ride shall report to the office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the office in person or by phone in accordance with regulations adopted by the office.

25-15-92. (a) No person shall operate a carnival ride unless at the time there is in existence:
(1) A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the office. (b) Regulations under this article shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the office.

25-15-93. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this article, or if any person is aggrieved by any order issued by the office, the person may make a written application to the office stating his or her grounds and applying for a variance. The office may grant such a variance in the spirit of the provisions of this article with due regard to public safety. The granting or denial of a variance by the office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the office and such record shall be open to inspection by the public.

25-15-94. This article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.

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25-15-95. This article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this article.

25-15-96. (a) The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this article.
(c)(1) Any person, firm, partnership, or corporation violating the provisions of this article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this article and the rules and regulations promulgated under this article. The imposition of a penalty for a violation of this article or the rules and regulations promulgated under this article shall not excuse the violation or permit it to continue.

25-15-97. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this article.

25-15-98. (a) The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury. (b) It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride.

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25-15-99. The owner of any itinerant carnival ride which is located within this state shall continuously maintain in this state a registered agent of record who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office.

25-15-100. Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office , or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom.

25-15-101. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48."

SECTION 5. Said title is further amended by reserving the Chapter 11, Chapter 12, and Chapter 13 designations.

SECTION 6. Said title is further amended by revising Code section 34-1-1, relating to requirements for scaffolding and staging design and inspection by the Commissioner, and redesignating it as a part of a new article of Chapter 15 of Title 25, as follows:

"ARTICLE 5

"25-15-110. (a)(1) All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports and is suspended or rises 30 feet or more above the ground shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends

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thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein. (2) It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection. (b) All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use. (c)(1) The Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing the Commissioner's name and the date of inspection, and the certificate shall plainly state whether he or she has found the scaffolding, staging, or mechanical device 'safe' or 'unsafe.' (3) If the Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, the Commissioner shall at once notify in writing the person responsible for the erection and maintenance of the scaffolding, staging, or mechanical device that the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor."

SECTION 7. Said title is further amended by reserving the Code Section 34-1-1 designation.

SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by revising Part 6, relating to elevators, dumbwaiters, escalators, manlifts and moving walks, as follows:

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8-2-100. As used in this part, the term:
(1) 'Alteration' means any change or addition to the equipment other than ordinary repairs or replacements. (2) 'Commissioner' means the Safety Fire Commissioner. (3) 'Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter.
(4)(A) 'Elevator' means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings. (B) Except as specifically provided in subsection (a) of Code Section 8-2-102, 'elevator' also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator. (5) 'Enforcement authority' means the Commissioner, officers, and inspectors of the office authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part. (6) 'Escalator' means a power driven, inclined, continuous stairway used for raising or lowering passengers. (7) 'Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet. (8) 'Hand elevator' means an elevator utilizing manual power to move the car. (9) 'Hoistway' means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above. (10) 'Manlift' means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. (11) 'Moving walk' means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. (12) 'Office' means the office of Safety Fire Commissioner.

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(13) 'Power dumbwaiter' means a dumbwaiter driven by the application of energy other than hand or gravity. (14) 'Power freight elevator' means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride. (15) 'Power passenger elevator' means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car.

8-2-101. (a) All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service. (b) Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104. (c) Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration.

8-2-102. (a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period. (2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period.
(b) Inspections and installations shall be made in accordance with the standards set forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the office if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his or her information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is

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safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations. (d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104. (e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Sections 43-14-8 and 43-14-8.1. (f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the office and an inspection report issued. The office shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection.

8-2-103. (a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months. (b) No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued. (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises. (d) If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to

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discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter.

8-2-104. (a) The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors.
(b)(1)(A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of this paragraph. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected. (3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (4) The Commissioner may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the office. (c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the office for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. (d) In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part. (e) The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant

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to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby.

8-2-105. (a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards; (2) To provide for inspection of buildings or similar structures to ensure compliance with the local standards; (3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104; (4) To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and (5) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party. (b) When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority.

8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days.

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(b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. (c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority.

8-2-107. (a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant.
(b)(1) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense. (2) In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue.

8-2-108. (a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties. (b) This part, as it applies to the Commissioner and the office, shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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8-2-109. The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this part.

8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight. (b) This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes. (c) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the office; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect."

SECTION 9. Code Section 8-2-31, relating to effect of part relative to state building, plumbing, and electrical codes, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) Article 2 of Chapter 15 of Title 25, the 'Boiler Vessel Safety Act';"

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

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

Approved May 2, 2012.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TERM AND MANNER OF ELECTION OF CHAIRPERSON OF PUBLIC SERVICE COMMISSION.

No. 756 (Senate Bill No. 483).

AN ACT

To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows:
"46-2-5. (a) There shall be a chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson currently serving on the effective date of this Code section shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any four members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms. (b) The chairperson shall give his or her entire time to the duties of the office."

SECTION 2. This Act shall become effective on December 31, 2012.

GEORGIA LAWS 2012 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

1177

Approved May 2, 2012.

__________

HEALTH GEORGIA TRAUMA CARE NETWORK COMMISSION; REPORTS.

No. 757 (Senate Bill No. 489).

AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the Georgia Trauma Care Network Commission to report annually to the House and Senate Committees on Health and Human Services documenting certain outcomes and verifying certain expenditures of funds; 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 revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows:
"31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b) The Georgia Trauma Care Network Commission shall report annually to the House Committee on Health and Human Services and the Senate Health and Human Services Committee. Such report shall provide an update on state-wide trauma system development and the impact of fund distribution on trauma patient care and outcomes."

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

Approved May 2, 2012.

__________

STATE GOVERNMENT MULTIPLE AWARD SCHEDULE CONTRACTS FOR PURCHASE OF EQUIPMENT FOR COMMERCIAL USE APPLICATIONS.

No. 758 (Senate Bill No. 492).

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 provide for certain multiple award schedule contracts for the purchase of equipment for commercial use applications; 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 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 subsection (b) of Code Section 50-5-67, relating to state purchasing through competitive bidding, as follows:
"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services which shall prescribe, among other things, the manner, time, and

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places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers.
(B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications."

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

Approved May 2, 2012.

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GENERAL ACTS AND RESOLUTIONS, VOL. I STATE PROPERTY; CONVEYANCES; EASEMENTS.
No. 759 (House Resolution No. 1376).
A RESOLUTION

Authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Bartow County; authorizing the conveyance of certain state owned real property located in Bibb County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of certain state owned real property located in Clay County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Decatur County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; authorizing the conveyance of certain state owned real property located in Early County; authorizing the conveyance of certain state owned real property located in Floyd County; authorizing the conveyance of certain state owned real property located in Franklin County; authorizing the modification of a ground lease on certain state owned real property located in Gwinnett County; authorizing the conveyance of certain state owned real property located in Habersham County; authorizing the conveyance of certain state owned real property located in Macon County; authorizing the conveyance of certain state owned real property located in Madison County; authorizing the conveyance of certain state owned real property located in McIntosh County; authorizing the conveyance of certain state owned real property located in Mitchell County; authorizing the conveyance of certain state owned real property located in Montgomery County; authorizing the conveyance of certain state owned real property located in Muscogee County; authorizing the lease of certain state owned real property located in Polk County; authorizing the conveyance of certain state owned real property located in Quitman County; authorizing the conveyance of certain state owned real property located in Richmond County; authorizing the conveyance of certain state owned real property located in Telfair County; authorizing the conveyance of certain state owned real property located in Ware County; authorizing the conveyance of certain state owned real property located in Washington County; authorizing the conveyance of certain state owned real property located in Wayne County; authorizing the conveyance of certain state owned real property located in White County; authorizing the conveyance of certain state owned real property located in Whitfield County; to provide an effective date; and for other purposes.

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Lots 243 and 244 of the 5th District of Baldwin County containing approximately 82 acres and operated as Baldwin State Prison, and all of that tract being in Lot 244 of the 5th District of Baldwin County containing approximately 71 acres operated as Riverbend Prison by The GEO Group, Inc., as described in that 40 year lease with the State of Georgia dated July 30, 2010 ("the lease"), both properties being more particularly described in an aerial drawing on file in the offices of the State Properties Commission entitled "Baldwin State Prison and Riverbend Prison," and 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; (3) The above-described properties are under the custody of the Georgia Department of Corrections; (4) The GEO Group, Inc. is desirous of amending the lease with a nonexclusive appurtenant easement for the term of the lease to construct additional waste-water management system improvements on state property in Parcel 1, Land Lot 244, the 5th District at Baldwin State Prison and operate that equipment and system on 0.44 of an acre as described on a utility survey by Thomas & Hutton Consulting dated June 24, 2011, including a sewer line extension, new mechanical bar screen, and a backup generator; (5) The GEO Group, Inc. will provide enhanced waste-water management services at no cost to Baldwin State Prison from those system improvements and maintain the sewer line extension for the duration of the lease, and at the end of the lease ownership of the system improvements will revert to the state; (6) By resolution dated September 1, 2011, the Georgia Board of Corrections recommended amending the lease to include such a nonexclusive appurtenant easement for the duration of the lease term and provision of enhanced waste-water management service to Baldwin State Prison as consideration of said lease amendment; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property is all that parcel or tract lying and being in the 4th District, 3rd Section of Bartow County and is more particularly described as a total of approximately 1.68 acres in a deed dated January 13, 1940, recorded in Deed Book 76, Folio 265 in the Office of the Clerk of Superior Court of Bartow County, a copy of which is on file as Real Property Record #00069 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

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(3) The above-described property is under the custody of the State Forestry Commission and was the Cartersville District Office; (4) The State Forestry Commission has determined that the building has outlived its economic life, and has combined the Cartersville District Office with the Cherokee District office in a new location in Bartow County, which will result in budgetary savings with minimal impact of service to the counties; (5) By letter dated January 26, 2012, the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Cartersville District Office improved property surplus to its needs and request authorization for the conveyance of the property in the 2012 legislative session of the Georgia General Assembly; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 48 and 49 of the Macon Reserve West Land District, Bibb County, and is more particularly described as a total of approximately 3.056 acres in deeds dated January 25, 1994, recorded in Deed Book 2474, Pages 206-212 and December 15, 2000, recorded in Deed Book 4983, Pages 329-336 in the Office of the Clerk of Superior Court of Bibb County, a copy of which is on file as Real Property Record #08493 and #09757 in the offices of the State Properties Commission; (3) The above-described property is under the custody of the Georgia Department of Economic Development and was formerly the Georgia Music Hall of Fame; (4) The Georgia Department of Economic Development currently does not utilize the property and infrastructure comprising the Georgia Music Hall of Fame; (5) The Georgia Department of Economic Development has determined that it will at no time in the future have a use for the property and infrastructure comprising the Georgia Music Hall of Fame; (6) The Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, has expressed an interest in acquiring the Georgia Music Hall of Fame for the purposes of school related functions; (7) The Georgia Department of Economic Development declared the Georgia Music Hall of Fame improved property surplus to its needs and authorized the surplusing of this property and sale to the Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, for 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 Carroll County, Georgia;

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(2) Said real property is all those parcels totaling approximately 137.635 acres, being a tract of approximately 1.26 acres lying and being in the 10th District, Land Lot 170 of Carroll County and is more particularly described in a deed recorded in Deed Book 1172, Page 642 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #09497 in the offices of the State Properties Commission, and being a tract of approximately 136.375 acres lying and being in the 10th District, Land Lots 151, 170, and 171 of Carroll County and is more particularly described in a deed recorded in Deed Book 255, Page 283 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #05271 in the offices of the State Properties Commission ("the property"), 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 Georgia Department of Natural Resources and was the John Tanner State Park; (4) By resolution adopted September 6, 2011, the Carroll County Board of Commissioners requested the conveyance and will maintain the park for public use as a park in the future, and agreed that if the Heritage Preserve designation placed on the property were removed as authorized by the General Assembly, the county would accept conveyance of the property with a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. The county also agreed that additional consideration would be payoff of remaining General Obligation bonds and interest of approximately $76,000.00 and purchase of personal property at the park valued at $1,000.00; (5) On September 28, 2011, the Georgia Board of Natural Resources determined as authorized in Act 232 (2011 House Bill 90) after a public hearing to remove the Heritage Preserve designation and upon conveyance of the property to Carroll County, to accept a conservation easement on the property to free the department of operational costs while ensuring the state's citizens have perpetual access to its outdoor recreational facilities; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clay County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 238, District 5 of Clay County and is more particularly described as a one acre parcel being recorded in a deed dated January 24, 1963 in Deed Book S, Folio 109 in the Office of the Clerk of Superior Court of Clay County, a copy of which is on file as Real Property Record #02922 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 State Forestry Commission and was the Clay County Office;

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(4) The State Forestry Commission has determined that a building on the property has outlived its economic life, and that closing the office will result in budgetary savings; (5) Clay County is desirous of leasing the property from the State for $10.00 with the stipulation that the property be used for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission; (6) By letter January 26, 2012, from the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Clay County Office improved property surplus to its needs and recommend leasing the property to Clay County for five years with a five-year renewal option for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission, and such letter requested authorization for the leasing of the property to Clay County in the 2012 legislative session of the Georgia General Assembly; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Land Lot 470, 7th District of Clinch County, Georgia, hereinafter referred to as the "easement area" and the "conveyance area" at the southwest side of U.S. Highway 441, more particularly described on an engineered drawing as that approximately 0.045 of an acre easement area and that 0.02 of an acre conveyance area as shown highlighted in yellow on that drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project No. EDS-441(46) Clinch County," on file in the offices of the State Properties Commission, and may be more particularly described by a survey prepared for the Georgia Department of Transportation and presented to the State Properties Commission for approval; (2) Said property is under the custody of the State Forestry Commission; (3) The Georgia Department of Transportation has requested in a letter dated June 28, 2011, the conveyance of the nonexclusive permanent easement area and the fee simple area solely for the purpose of U.S. Hwy 441 Widening Project No. EDS-441(46) Clinch County; (4) On August 16, 2011, the State Forestry Commission approved a resolution to seek General Assembly approval for fee simple title of the conveyance area and for conveyance of the nonexclusive permanent easement area to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said improved real property is approximately 1.555 acres lying and being in Land Lot 174 of the 6th District in Douglas, Coffee County, as described in that 1993 deed recorded in Deed Book 465, Pages 125-126, and on a plat recorded in Plat Book 69, Page 100 of the Superior Court of Coffee County, and on file in the offices of the State Properties Commission as Real Property Record 10953 ("the property"), and may be more particularly

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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 Douglas Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dade County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 289 of the 10th District and 4th Section of Dade County containing approximately 0.683 of an acre, being more particularly described in that deed from Dade County, dated May 11, 1959, and recorded by the Clerk of Dade County Superior Court in Deed Book 56, Page 69, 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 operated as the Dade County Unit under the custody of the State Forestry Commission until it was destroyed by a tornado on April 28, 2011; (4) Dade County is also the owner of approximately three acres in Land Lots 21 and 22, 18th District, 3rd Section, as described on a survey for the State Forestry Commission on a plat dated July 14, 2011, by surveyor Paul Rogers, Registered Land Surveyor No. 2303, which property was also leased for 25 years to the state on November 23, 2011, for constructing, maintaining, and operating a new Forestry Commission Dade Unit, and as described on the same plat; (5) Dade County approved at its August 4, 2011, meeting the acquisition from the state of the above-described 0.683 of an acre property in exchange for the county conveying to the state the three-acre property now leased to the state; (6) The State Forestry Commission, by resolution dated May 19, 2011, recommended the exchange as described above as being beneficial to the state, and cancellation of the county's 25 year lease on the three acres when the exchange is effected; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Bainbridge, Decatur County, totaling approximately 3.03 acres on a plat of survey entitled "Plat of Survey for Department of Defense, Bainbridge Armory," dated January 19, 1989, prepared by Shad L. Adkinson, Georgia Registered Land Surveyor No. 2254, on file in the offices of the State Properties Commission inventoried as Real Property Record #08252, and being more particularly described as all that parcel or tract being approximately 2.81 acres recorded in a deed dated August 26, 1952, and being described in Deed Book E-6, Page 13 from the City

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of Bainbridge as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00424, and all that parcel or tract being approximately 0.43 of one acre recorded in a deed dated November 9, 1992, and being described in Deed Book L-17, Pages 78-83 from the City of Bainbridge as grantor to the State of Georgia as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08251, as part of an exchange conveying approximately 0.21 of one acre to the city, as recorded in a deed dated November 18, 1992, and being described in Deed Book K-17, Pages 589-593 from the State of Georgia as grantor to the City of Bainbridge as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08252; (3) Said tract or parcel was formerly the site of Bainbridge Armory, now under the custody of the Department of Defense; (4) The City of Bainbridge is desirous of acquiring the above-described property for public purpose and agrees to pay $10.00 and retire any outstanding General Obligation bonds due for this property; (5) By letter dated February 9, 2012, the Adjutant General stated that the above-described improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Bainbridge for the amount of the outstanding General Obligation bonds and no less than $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 Dodge County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 22 of the 15th District of Dodge County, Georgia, containing approximately five acres being the same property from Dodge County Post 126 of the American Legion, Department of Georgia, Inc., conveyed by deed on June 28, 1955, to remove a reversionary interest from that deed of August 1, 1954, inventoried as Real Property Records 00470.4 and .3, respectively, 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 Eastman Armory, now under the custody of the Department of Defense; (4) The Eastman-Dodge County Regional Development Authority is desirous of acquiring the above-described property for public purpose;

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(5) By letter dated December 1, 2011, the Adjutant General stated that the above-described improved property is surplus to the needs of the department and recommended that the above-described property be surplused for the amount of the outstanding General Obligation bonds, 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 Dougherty County, Georgia; (2) Said real property is approximately 2.103 acres of land located at 701 Gaines Avenue, Albany, in Land Lot 361, first Land District, being the remainder of that property conveyed by deed from the Dougherty County Board of Commissioners on June 9, 1972, as recorded in Deed Book 480, Page 471, after the conveyance of 7.323 acres to the Dougherty County Board of Commissioners by deed dated February 6, 2009, as recorded in Deed Book 3591, Pages 206-211, and Plat Cabinet 1-D, Slide 43-C, and on file in the offices of the State Properties Commission as Real Property Record 05516 and 10605, respectively ("the property"), 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 Albany Farmers Market, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the Department of Agriculture; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 361 of the 1st District of Dougherty County and containing approximately 0.068 of one acre to be conveyed along U.S. Route 19, Albany, Georgia, more particularly described as that area highlighted in yellow on a January 6, 2011, drawing entitled "R/W ACQUISITION PLAT, ALBANY TECH. COLLEGE, SLAPPEY BLVD ENTRANCE" in Dougherty County, Project Number 08-6182, 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 Cary F. Reed, Georgia Registered Land Surveyor No. 2896, and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The Georgia Department of Transportation is improving the road as a part of Project 08-6182, Dougherty County; (5) The Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation and will acquire the property from the state for consideration of satisfying project requirements of the

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construction of a deceleration lane with federal funds that benefits the state by improving ingress and egress safety to the site; (6) The State Board of the Department of Technical and Adult Education, at its meeting of March 3, 2011, authorized the conveyance of the above-described properties to Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Early County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 152 and 129 of the 28th District, City of Blakely, Early County, Georgia, and is more particularly described as approximately 7.2 acres on a survey dated June 15, 1973, prepared by Grady Holman, Jr., County Surveyor of Early County, and on file in the offices of the State Properties Commission and being recorded in a deed dated January 17, 1974, in Deed Book 106, Pages 878-9 from Early County, Georgia, as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Early County, a copy of which is on file in the offices of the State Properties Commission; (3) Said tract or parcel was formerly the site of the Blakely Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice, and on which outstanding General Obligation bonds principal and payments must be satisfied; and (4) The Early County Board of Commissioners is desirous of acquiring the above described property for public purpose; (5) By resolution dated February 23, 2012, the chairperson of the Board of Juvenile Justice stated that the above-described improved property is surplus to the needs of the department; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lots 161, 200, 201 of the 23rd Section 3rd District and containing approximately 132.502 acres, as more particularly described on a survey titled "Survey for State of Georgia, Total Area in Subivision 164.577 Acres, Northwest Regional Campus 132.502 Acres", dated January 20, 2012, by J. B. Faircloth and Associates, Georgia Registered Land Surveyor No. 2120, and being on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and was known as the Northwest Regional Hospital ("the property");

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(4) The Department of Behavioral Health and Developmental Disabilities has declared this property surplus to its needs and closed the hospital September 30, 2011; (5) The Georgia Board of Behavioral Health and Developmental Disabilities on October 17, 2011, authorized the surplusing of this property and conveyance by competitive bid or to a local government or state entity, for fair market value, 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 Franklin County, Georgia; (2) Said improved real property is approximately 0.998 of an acre located at 159 A.T. Maulding Road (Georgia Highway 145), Franklin County, Georgia, lying and being in the 264th Georgia Militia District in the City of Carnesville as described in that 1996 deed recorded in Deed Book 342, Pages 61-63, and Plat Book 22, Page 330 of the Superior Court of Franklin County, and on file in the offices of the State Properties Commission as Real Property Record 08990 ("the property"), 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 Carnesville Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Lot 13 of the 7th District of Gwinnett County containing approximately 2.212 acres and operated as Creative Enterprises, Inc., as described in that 25 year lease with the State of Georgia dated July 28, 1995 ("the lease"), a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08649, and being more particularly described in a survey prepared by the Gwinnett County Engineering Department, more particularly William F. Rolander, Georgia Registered Land Surveyor No. 2042, dated April 18, 1977, recorded at Plat Book 6, Page 266, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #06392, and being more particularly described in a deed dated April 19, 1977, and being described in Deed Book 1366, Page 321 from Gwinnett County as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Gwinnett County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #06392; (3) The above-described property is under the custody of the Georgia Department of Labor;

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(4) Creative Enterprises, Inc., is desirous of amending the term of the lease to expire July 28, 2037, to provide Creative Enterprises, Inc., the ability to make application for Community Development Block Grants (CDBG) that will fund necessary repairs and improvements to the facility, at no additional cost to the state; (5) Creative Enterprises, Inc., will continue to provide training and employment services to individuals with disabilities, including vocational and work evaluations, work adjustment, job placement, social and personal adjustment services, community access group, community access individual, and prevocational services; (6) By a letter dated February 20, 2012, the Commissioner for the Georgia Department of Labor recommends extending term of the lease to expire July 28, 2037; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is all that parcel or tract lying and being Lot No. 85 of the 11th District of Habersham County and is more particularly described as approximately 3.91 acres on a plat dated September 20, 1918, a copy of which is on file as Real Property Record #00731 in the offices of the State Properties Commission, and being recorded in a deed dated December 7, 1943, and recorded in Deed Book VIII, Pages 452-462 in the Office of the Clerk of Superior Court of Habersham County, a copy of which is on file as Real Property Record # 02804 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 and is formerly known as "The Presidents House" at North Georgia Technical College; (4) The State Board of the Technical College System of Georgia on February 2, 2012, declared this property surplus to its needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is approximately 0.11 of an acre located at 800 North Main Street, Cornelia, in Habersham County, Georgia, containing approximately 0.09 of an acre (lying and being in the City of Cornelia Lot 3, Block A of the J.C. Rudisill Subdivision of Level Ridge Circle) and 0.02 of an acre (Land Lot 149 of the 10th Land District, being 10 by 90 odd feet off of the southern part of Lot 4 of Block A of the same subdivision), respectively, and on file in the offices of the State Properties Commission as Real Property Record #00722 and #00721, respectively ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

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(3) Said tract or parcel was formerly the site of the Cornelia Entomology Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the Industrial Park located within the city limits of Montezuma, Macon County, Georgia, containing 1.00 acre and being further described according to that plat of survey entitled "Survey for the City of Montezuma" dated April 27, 1994, and prepared by Kenneth Earl Dunmon, Georgia Registered Land Surveyor No. 1526, and being recorded in Plat Book 14, Page 37 and being on file in the Clerk's Office, Macon County Superior Court, and is more particularly described as that approximately 1.00 acres as described in that deed dated October 4, 1994, and being found in Deed Book 128, Pages 271-272 in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file as Real Property Record #08578 in the offices of the State Properties Commission; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Montezuma Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; (2) Said real property is all that parcel or tract lying and being in the City of Montezuma, Macon County, and is more particularly described as approximately five acres on a plat recorded in Plat Book S, Page 359, recorded in the Office of the Clerk of Superior Court of Macon County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 07371, and being recorded in a deed dated April 27, 1957, Deed Book 3-R, Folio 149 from T. F. Nelson as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00921; (3) Said tract or parcel was formerly the site of Montezuma Armory, now under the custody of the Department of Defense; (4) The City of Montezuma is desirous of acquiring the above-described property for public purpose;

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(5) By letter dated January 31, 2012, the Adjutant General stated that the above-described improved property is surplus to the needs of the department and requested that the above-described property be conveyed for the amount of the outstanding General Obligation bonds or no less than $10.00, so long as the property is to be used for public purpose and payment of applicable outstanding General Obligation bonds and interest; 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 in 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 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 under the custody of the State Forestry Commission and was the Madison Subunit; (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 Subunit 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 property to the state for $1.00 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 to allow the State Forestry Commission to keep personnel and equipment at that location at no cost other than those associated with the State Forestry 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 McIntosh County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 271 of McIntosh County and is more particularly described as a total of approximately 46.5 acres in two parcels (44.5 acres acquired on February 23, 1996, and 2 acres for access acquired on February 28, 1996) on a plat of surveys recorded in Plat Cabinet 1, Slide 85-A and Plat

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Cabinet 1, Page 82-M, respectively, and which are on file as Real Property Records #09137 and 09135, respectively ("the property") 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 Georgia Department of Juvenile Justice and was the McIntosh Youth Development Center; (4) The Board of Juvenile Justice has determined that closing the McIntosh Youth Development Center will result in budgetary savings with improved service, outstanding general bonds and debt service remains on the property, and on December 8, 2011, declared the improved property surplus to its needs and does not object to it being surplused to the Coastal Regional Commission; (5) The Coastal Regional Commission is a state entity; (6) The Coastal Regional Commission on November 16, 2011, authorized an acquisition or lease of the property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 356 of the10th District, Mitchell County, Georgia, and being made up of approximately 1.50 acres in a deed dated December 29, 1994, recorded in Deed Book 400, Pages 106-108 in the Office of the Clerk of Superior Court of Mitchell County, a copy of which is on file as Real Property Record #10961 in the offices of the State Properties Commission, and as described on a plat dated June 6, 1994, and revised June 21, 1994, prepared for the Development Authority of the City of Camilla by Larry W. Grogan, Georgia Registered Land Surveyor No. 1649, a copy of which is recorded in Plat Book 24, Page 207 in the Office of the Clerk of Superior Court of Mitchell County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Camilla Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Montgomery County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 1757 of Montgomery County and is more particularly described as a total of approximately 1.5 acres on a plat of survey dated October 19, 1956, recorded in Deed Book 46, Page 248, and recorded originally in a deed with reversionary clause dated

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October 20, 1956, in Deed Book 46, Pages 249-250, and in a deed dated December 14, 1962, in which the reversionary clause was removed, recorded in Deed Book 51, Page 264 in the Office of the Clerk of Superior Court of Montgomery County, a copy of which is on file as Real Property Records #00987.01 and 00987.02 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 State Forestry Commission and was the Montgomery Subunit; (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 Montgomery Subunit will result in budgetary savings with minimal impact of service to the county, and on June 24, 2010, declared the improved property surplus to its needs; (5) Montgomery County is desirous of acquiring the property from the state for $10.00 with the stipulation that the property only be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations, and to allow the GFC to keep personnel and equipment at that location at no cost other than those associated with the State Forestry Commission's personnel and fire equipment; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 59 of the 9th District of Muscogee County and containing approximately 0.054 of one acre to be conveyed at the intersection of Transport Boulevard and Cargo Drive, Columbus, Georgia, as more particularly described as that area highlighted in yellow on a May 6, 2009, drawing entitled "MAINLINE PLAN, CARGO DRIVE AT TRANSPORT BOULEVARD" in Muscogee County, Drawing Number 13-02, Project Number PRC 10-5008-00(525), and being on file in the offices of the State Properties Commission; and may be more particularly described on an engineered drawing prepared by Jordon Jones & Goulding, and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The Columbus Consolidated Government is improving the road as a part of Project PRC 10-5008-00(525), Muscogee County; (5) The Columbus Consolidated Government requires that the above-described property be owned in the name of the Columbus Consolidated Government and will acquire the property from the state for consideration of improving ingress and egress safety to the site by constructing a traffic circle; (6) The State Board of the Technical College System of Georgia, at its meeting of June 2, 2011, authorized the conveyance of the above-described properties to the Columbus Consolidated Government; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 34 of the 9th Land District, Muscogee County, and is more particularly described as a total of approximately 3.1 acres, more particularly described on a plat of survey entitled "Boundary Line Plat of Survey prepared for State of Georgia (State Forestry Commission)" dated October 28, 1970, and prepared by the Muscogee County Engineer and being recorded as Real Property Record #05084 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 State Forestry Commission; (4) The State Forestry Commission is consolidating its activities around this state and has determined that the activities performed at the above-described property should be consolidated with the Harris-Talbot County location; (5) The State Forestry Commission declared the improved property surplus to its needs; 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 Lots 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 #07819 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 was the site of the Cedartown State Prison, which has since been closed and on which outstanding General Obligation bonds principal and payments must be satisfied; (4) 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; (5) The City of Cedartown conveyed the property to the State for $1.00; (6) The Otis Nixon Foundation is a nonprofit organization aligned with the Department's Re-Entry programs for job placement and treatment of inmates released from state correctional facilities; (7) The Otis Nixon Foundation is desirous of leasing the property from this state for good and valuable consideration as determined by the State Properties Commission, including the

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provision of job placement and treatment services of former inmates for the Department of Corrections; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Quitman County, Georgia; (2) Said real property is all that parcel or tract lying and being on the south lot line of Lot 224, 21st District, Quitman County, and is more particularly described as a total of approximately 1.01 acres on a plat of survey recorded in Plat Book 1, Page 24, and which is 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 State Forestry Commission and was the Quitman County office of the Stewart Subunit; (4) The State Forestry Commission on October 29, 2011, declared the property surplus to its needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Augusta, Richmond County, totaling approximately 0.28 of one acre on a plat of survey entitled "TELFAIR ST., SURVEY FOR STATE OF GEORGIA, 2 LOTS KNOWN AS 424 9TH ST AND 909-911 TELFAIR ST" dated June 24, 1961, prepared by Ralph A. Bennitt, Jr., Georgia Registered Land Surveyor No. 3177, on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and being more particularly described as all that parcel or tract being approximately 0.2197 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Wilmington Finance Co., Inc., as grantor to the State of Georgia as grantee for $86,500.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and all that parcel or tract being approximately 0.0584 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Edgar E. Murrah as grantor to the State of Georgia as grantee for $15,000.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822; (3) Said property is under the custody of the Technical College System of Georgia and was a library service for the blind known as Talking Books in Augusta; (4) By resolution dated February 2, 2012, the State Board of the Technical College System of Georgia declared this property surplus to its needs; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 16.47 acres and is the lessee of a certain 5.80 acre parcel leased from Augusta-Richmond County located in Richmond County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the 87th Georgia Militia District, City of Augusta, Richmond County, totaling approximately 16.47 state owned acres on file in the offices of the State Properties Commission inventoried as Real Property Records #09278 through 09286, 10331, 09672, 09285, and 09109; and any assignable leasehold interest in the 5.8 acre lease; as shown on a plat of survey entitled "SURVEY FOR GEORGIA GOLF HALL OF FAME" dated April 15, 1997, prepared by Cranston, Robertson and Whitehurst, P.C., and recorded in the Office of the Clerk of Superior Court of Richmond County at Realty Reel 537, Page 710, a copy of which is on file in the offices of the State Properties Commission inventoried as State Properties Commission Record 838.15; (3) Said property is under the custody of the State Properties Commission of Georgia and is formerly known as the Georgia Golf Hall of Fame; (4) The Board of Regents of the University System of Georgia, an institution of the State of Georgia in accordance with O.C.G.A. 20-3-20, in March, 2012, approved the acquisition of this property from the State of Georgia, acknowledged that this state previously issued General Obligation bonds for the purpose of financing some or all of the facilities, and the board acknowledged that it shall not take, nor fail to take, any action which would cause such tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code and shall not use the property for any nongovernmental purpose, or any purpose that would give rise to private business use, within the meaning of the tax code; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 123, known as Circular Court, Richmond County, Georgia, and is more particularly described as approximately 7.4 acres on a survey dated July 20, 1966, prepared by Clarence Jones, 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 the Old Augusta Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice; (4) The consolidated government of Augusta-Richmond County is desirous of acquiring the above-described property for public purpose; (5) The Commissioner of the Department of Juvenile Justice stated by letter that the above-described improved property is surplus to the needs of the department and will recommend to the Board of Juvenile Justice that the above-described property be approved as surplus; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Telfair County, Georgia; (2) Said real property is all that tract located in Land Lot 46, 9th District, City of Milan, Telfair County, Georgia, and is more particularly described on that drawing by Georgia Department of Corrections Engineering Services and Technical Support titled "Telfair County - Milan State Prison Properties" dated December 30, 2008, depicting Parcels A (approximately 0.835 of an acre), B (approximately 1.071 acre), and C (approximately 0.320 of an acre), totaling approximately 2.226 acres, 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) Milan State Prison has now outlived its intended use and Parcels A, B, and C are under the custody of the Department of Corrections; (4) Milan State Prison was declared surplus by the Board of Corrections on January 6, 2009; (5) By resolution dated August 1, 2011, the City of Milan has agreed to purchase the three parcels for $10,000.00; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Ware County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 168 of the 8th District of Ware County and containing approximately 0.009 of one acre to be conveyed along the corner of Carswell Avenue and George Street, Waycross, Georgia, as more particularly described as that area highlighted in red on a September 30, 2011, drawing entitled "Proposed Property Acquisition for George Street Improvements" prepared by the Engineering Division of the City of Waycross, Ware County, Georgia, and being presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The City of Waycross is improving the road as a part of a Department of Transportation Local Maintenance and Improvement Grant (LMIG); (5) The City of Waycross requires that the above-described property be owned in the name of the City of Waycross and will acquire the property from the state for consideration of improving traffic safety, turning radius, and storm-water drainage; (6) The State Board of the Technical College System of Georgia, at its meeting of November 1, 2011, authorized the conveyance of the above-described properties to the City of Waycross; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Washington County, Georgia;

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(2) Said real property is all those tracts or parcels of land lying and being in the City of Sandersville facing north on Highway 242, containing approximately 2.583 acres as described in that deed dated November 1, 1955, inventoried as Real Property Record #01410, 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 Sandersville Armory, now under the custody of the Department of Defense; (4) The City of Sandersville is desirous of acquiring the above-described property for public purpose, including government functions either directly provided by the City or contracted to/through the city for such public use; (5) By letter dated December 1, 2011, the Adjutant General stated that the above-described improved property is surplus to the needs of the department, that there are no outstanding General Obligation bonds on this project, and recommended conveyance to the City of Sandersville 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 Wayne County, Georgia; (2) Said real property is all that parcel or tract lying and being Tracts 1 and 2 on a plat dated July 15, 1949, prepared by G. M. Harrington, C. E., Wayne County, and is more particularly described as that approximately 1.6787 acres and 4.875 acres as described in that deed dated October 4, 1949, and being found in Deed Book 65, Pages 97-100 in the Office of the Clerk of Superior Court of Wayne County, a copy of which is on file as Real Property Record #01411 in the offices of the State Properties Commission; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Jesup Farmers Market, District Office, and associated buildings; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in White County, Georgia; (2) Said real property is all that parcel or tract lying and being Land Lot 130 of the 3rd District of White County and is more particularly described as approximately 27 acres on a plat dated December, 1967, as prepared by Farley Collins, Georgia registered land surveyor, and recorded in Plat Book 3, Page 117 on May 6, 1968, in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #06445 in the offices of the State Properties Commission and being recorded in a deed dated June 13, 1968,

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and recorded in Deed Book XII, Pages 161-162 in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #03924 in the offices of the State Properties Commission; (3) Said property is under the custody of the Department of Natural Resources and is part of Outdoor Therapeutic Center, White County; (4) The State Board of Natural Resources on February 29, 2012, declared this property surplus to the needs of the department; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 144 of the 12th District, Whitfield County, Georgia, and being made up of approximately 0.55 of one acre in a deed dated August 19, 1997, recorded in Deed Book 2879, Pages 200-202 in the Office of the Clerk of Superior Court of Whitfield County, a copy of which is on file as Real Property Record #09097 in the offices of the State Properties Commission, and as described on a survey prepared for Whitfield County by Allied Surveying, Inc., more particularly Donald O. Babb, Georgia Registered Land Surveyor No. 2029, a copy of which is recorded in Plat Cabinet C, Slide 1579, in the Office of the Clerk of Superior Court of Whitfield County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Dalton Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property.
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 Baldwin 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 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the lease with a nonexclusive appurtenant easement for the duration of

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the lease term to construct and operate on 0.44 of an acre as described above waste-water system improvements for use by Riverbend Prison, and, for only maintenance cost of the new equipment, additional use by Baldwin State Prison for the term of the lease, 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 3. 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 4. That the amended lease shall be recorded by The GEO Group, Inc., as lessee in the Superior Court of Baldwin County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 5. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.
ARTICLE II SECTION 6.
That the State of Georgia is the owner of the above-described real property in Bartow 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 7. 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 fair market value or to a local government or state entity for 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 8. 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 9. 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 10. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

ARTICLE III SECTION 12.

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 13. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, 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 14. 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 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 16. 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 17. That custody of the above-described property interest shall remain under the Georgia Department of Economic Development until the property is conveyed.

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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 19. That the above-described property may be conveyed to the Carroll County Board of Commissioners by the State Properties Commission with the Heritage Preserve designation removed as requested by the department and authorized by the General Assembly in Act 232 and recorded in the Clerk of Superior Court of Carroll County, and a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. If in the future the county determines that it is in the best interest of the county or local government, fee simple title to the property may, if authorized by the department and the State Properties Commission, revert back to the state. Additional consideration by the county would be payment of currently remaining General Obligation bonds and interest on the property and purchase of personal property at the park. The conveyance will be by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 20. 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 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 23. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed.

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ARTICLE V SECTION 24.

That the State of Georgia is the owner of the above-described real property in Clay 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 25. That the above-described property may be leased to Clay County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for an initial term of five years with a five-year renewal term, and the consideration for such lease shall be $10.00, the use of the tower shall retained for the State of Georgia and the State Forestry Commission, and the requirement that the property be 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 26. That the authorization in this resolution to lease the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 28. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clay County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 29. That custody of the above-described property interest shall remain under the State Forestry Commission.

ARTICLE VI SECTION 30.

That the State of Georgia is the owner of the above-described real properties located in Clinch County and that in all matters relating to the granting of the nonexclusive easement on the real property easement area and of the conveyance of the conveyance area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 31. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such nonexclusive easement and such fee simple conveyance by appropriate instruments for the State of Georgia, including the execution of all necessary documents.

SECTION 32. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the purpose of the US Highway 441 widening project. That, after the Georgia Department of Transportation has put into use the road improvements 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 Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the road improvements shall become the property of the State of Georgia, or its successors and assigns.

SECTION 33. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation.

SECTION 34. 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 this 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 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

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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 35. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 36. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. 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 37. That the consideration for such easement and such conveyance 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 the nonexclusive easement and the conveyance deed shall be recorded by the Georgia Department of Transportation in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 39. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective.

SECTION 40. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

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That the State of Georgia is the owner of the above-described property in Coffee 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 42. 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 fair market value or to a local government or state entity for 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 43. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 45. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 46. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.

ARTICLE VIII SECTION 47.

That the State of Georgia is the owner of the above-described real property in Dade 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 48. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described 0.683 of an acre property to Dade County in exchange for Dade County conveying to the State of Georgia the three-acre property and cancellation of

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the lease on the three acres; 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 49. That the authorization in this resolution to convey the above-described easement shall expire three years after the date this resolution becomes effective.

SECTION 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 51. That the exchanged deeds for these properties shall be recorded by the county in the Superior Court of Dade County and a recorded copy of each deed shall be forwarded to the State Properties Commission.

SECTION 52. That the above-described 0.683 of an acre property shall remain under the custody of the State Forestry Commission until that property is conveyed.

ARTICLE IX SECTION 53.

That the State of Georgia is the owner of the above-described real property in Decatur 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 54. 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 Bainbridge for a consideration of $10.00 so long as the property is used for public purpose and the payment of outstanding General Obligation bonds and interest or other payments, or by competitive bid for fair market value, or to a local government or state entity for 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 55. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 57. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 58. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.

ARTICLE X SECTION 59.

That the State of Georgia is the owner of the above-described real property in Dodge 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 60. 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 Eastman-Dodge County Regional Development Authority for a consideration of $10.00, so long as the property is used for public purpose, and payment of applicable outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for 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 61. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 63. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 64. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.

ARTICLE XI SECTION 65.

That the State of Georgia is the owner of the above-described property in Dougherty County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 66. 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 fair market value or to a local government or state entity for 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 67. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 69. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 70. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.

ARTICLE XII SECTION 71.

That the State of Georgia is the owner of the above-described real property in Dougherty County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 72. 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 Georgia 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 73. 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 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 75. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 76. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.

ARTICLE XIII SECTION 77.

That the State of Georgia is the owner of the above-described real property in Early 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 78. 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 Early County Board of Commissioners for a consideration of $10.00 so long as the property is used for public purpose and the payment of outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for 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 79. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 81. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 82. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed.

ARTICLE XIV SECTION 83.

That the State of Georgia is the owner of the above-described real property in Floyd 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 84. 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 or to a local government or state entity 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 85. 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 86. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 87. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 88. That custody of the above-described property interest shall remain under the Department of Behavioral Health and Developmental Disabilities until the property is conveyed.

ARTICLE XV SECTION 89.

That the State of Georgia is the owner of the above-described property in Franklin 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 90. 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 fair market value or to a local government or state entity for 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 91. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 93. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 94. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.

ARTICLE XVI SECTION 95.

That the State of Georgia is the owner of the above-described real property located in Gwinnett 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.

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SECTION 96. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the term of the lease to expire July 28, 2037, for the consideration of the continuation of services to the public provided by Creative Enterprises, Inc., at no cost to this state, 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 97. 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 98. That the amended lease shall be recorded by Creative Enterprises, Inc., as lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 99. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE XVII SECTION 100.

That the State of Georgia is the owner of the above-described real property in Habersham 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 101. 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 fair market value or to a local government or state entity for 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 102. 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 103. 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 104. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 105. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.

ARTICLE XVIII SECTION 106.

That the State of Georgia is the owner of the above-described property in Habersham 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 107. 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 fair market value or to a local government or state entity for 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 108. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 110. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 111. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.

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ARTICLE XIX SECTION 112.

That the State of Georgia is the owner of the above-described real property in Macon 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 113. 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 fair market value or to a local government or state entity for 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 114. 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 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 116. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 117. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XX SECTION 118.

That the State of Georgia is the owner of the above-described real property in Macon 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 119. 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 Montezuma for a consideration of $10.00 so long as the property is used for public purpose, and payment

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of applicable outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for 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 120. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 122. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 123. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.

ARTICLE XXI SECTION 124.

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 125. That the above-described property may be conveyed to Madison County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, 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 126. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.

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SECTION 127. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 128. 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 129. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

ARTICLE XXII SECTION 130.

That the State of Georgia is the owner of the above-described real property in McIntosh 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 131. That the above-described property may be leased or conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to a local government or state entity, 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 132. 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 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 134. That the deed of conveyance shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 135. That custody of the above-described property interest shall remain under the Department of Juvenile Justice until the property is conveyed.

ARTICLE XXIII SECTION 136.

That the State of Georgia is the owner of the above-described real property in Mitchell County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 137. 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 fair market value or to a local government or state entity for 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 138. 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 139. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 140. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 141. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XXIV SECTION 142.

That the State of Georgia is the owner of the above-described real property in Montgomery 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 143. That the above-described property may be conveyed to Montgomery County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, 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 144. 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 145. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 146. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Montgomery County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 147. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

ARTICLE XXV SECTION 148.

That the State of Georgia is the owner of the above-described real property in Muscogee 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 149. 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 Columbus Consolidated Government 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 150. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.

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SECTION 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 152. That the deed of conveyance shall be recorded by the Columbus Consolidated Government as grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 153. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.

ARTICLE XXVI SECTION 154.

That the State of Georgia is the owner of the above-described real property in Muscogee 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 155. 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 fair market value or to a local government or state entity for 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 156. 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 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 158. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 159. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

ARTICLE XXVII SECTION 160.

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 leasing of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 161. That the above-described improved property may be leased for a term of up to ten years by appropriate instrument from the State of Georgia, acting by and through its State Properties Commission, to the Otis Nixon Foundation for good and valuable consideration as determined by the State Properties Commission, including satisfaction of all bond obligations and provision of job placement and treatment services of former inmates for the Department of Corrections 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 162. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 163. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease.

SECTION 164. That the ground lease 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 165. That custody of the above-described property shall remain under the Georgia Department of Corrections during the ground lease term.

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ARTICLE XXVIII SECTION 166.

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That the State of Georgia is the owner of the above-described real property in Quitman 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 167. 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 fair market value or to a local government or state entity for 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 168. 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 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 170. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Quitman County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 171. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

ARTICLE XXIX SECTION 172.

That the State of Georgia is the owner of the above-described real property in Richmond 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 173. 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 fair market value or to a local government or state entity for consideration and provisions as

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the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 174. 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 175. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 176. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 177. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.

ARTICLE XXX SECTION 178.
That the State of Georgia is the owner and lessee respectively of the above-described real property in Richmond County and that in all matters relating to the conveyance of the real property or real property interest respectively the State of Georgia is acting by and through its State Properties Commission.
SECTION 179. 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 Board of Regents of the University System of Georgia for 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 180. 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.

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SECTION 181. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 182. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 183. That custody of the above-described property interest shall remain under the State Properties Commission of Georgia until the property is conveyed.

ARTICLE XXXI SECTION 184.

That the State of Georgia is the owner of the above-described real property in Richmond 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 185. 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 Consolidated Government of Augusta-Richmond County for a consideration of $10.00 so long as the property is used for public purpose, or by competitive bid for fair market value or to a local government or state entity for satisfaction of all bond obligations and other 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 186. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 187. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 188. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 189. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed.

ARTICLE XXXII SECTION 190.

That the State of Georgia is the owner of the above-described Telfair County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 191. That the above-described approximately 2.226 acres of real property may be conveyed to the City of Milan for the fair market value consideration of $10,000.00, or by competitive bid or to a local government or state entity 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 192. That the authorization in this resolution to sell the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 193. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 194. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 195. That custody of the above-described properties shall remain under the Department of Corrections until the property is conveyed.

ARTICLE XXXIII SECTION 196.

That the State of Georgia is the owner of the above-described real property in Ware 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 197. 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 Waycross for $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 198. 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 199. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 200. That the deed of conveyance shall be recorded by the City of Waycross as grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 201. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.

ARTICLE XXXIV SECTION 202.

That the State of Georgia is the owner of the above-described real property in Washington 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 203. 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 Sandersville for a consideration of $10.00, so long as the property is used for public purpose, and payment of the amount of applicable outstanding General Obligation bonds and interest on the property.

SECTION 204. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 205. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 206. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 207. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.

ARTICLE XXXV SECTION 208.

That the State of Georgia is the owner of the above-described real property in Wayne 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 209. 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 fair market value or to a local government or state entity for 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 210. 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 211. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 212. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 213. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XXXVI SECTION 214.

That the State of Georgia is the owner of the above-described real property in White 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 215. 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 fair market value or to a local government or state entity for 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 216. 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 217. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 218. That the deed of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 219. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed.

ARTICLE XXXVII SECTION 220.

That the State of Georgia is the owner of the above-described real property in Whitfield 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 221. 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 fair market value or to a local government or state entity for 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 222. 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 223. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 224. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 225. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XXXVIII SECTION 226.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 227. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 2, 2012.

GEORGIA LAWS 2012 SESSION STATE PROPERTIES; EASEMENTS. No. 760 (Senate Resolution No. 873).
A RESOLUTION

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Authorizing the granting of restrictive easements, 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 Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes, McDuffie, Newton, Tattnall, and Ware County; 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 Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes, McDuffie, Newton, Tattnall, and Ware County; and
WHEREAS, Central Georgia EMC, Central Georgia Joint Development Authority, Clayton County Water Authority, Georgia Department of Transportation, Greystone Power Corporation, Flint EMC, Georgia Department of Natural Resources, Georgia Department of Transportation, Georgia Power Company, Jackson EMC, John S. Braddy and L & S Mullis Farms, Inc. 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 restrictive easements; and
WHEREAS, these restrictive easements, 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 Department of Corrections, Department of Natural Resources, Georgia Bureau of Investigation, Georgia Department of Agriculture, Georgia Department of Defense, Georgia Forestry Commission, Georgia World Congress Center, State Properties Commission, and the Technical College System of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 506 of the 3rd Land District of Appling County, Georgia, and that the

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property is in the custody of the Georgia 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 2. 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 installing, maintaining and operating an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Altamaha River Moody Forest WMA in Appling County, Georgia and is more particularly described as follows:
That approximately 0.0574 of an acre and that portion only as shown on a survey prepared by Toole Surveying Company, Inc. titled Georgia Power Company, Plant Hatch, Siren #014 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 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment.

SECTION 4. 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 installation, operation, and maintenance of said siren System.

SECTION 5. That, after Georgia Power Company has put into use the siren system 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 siren system shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. 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

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inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 8. 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 9. 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 10. 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 11. That this grant of easement 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 12. 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 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 321 of District 23, Section 2, Bartow County, Georgia, and that the property is in the custody of the Georgia 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.

SECTION 15. 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 installation, operation, and maintenance of an electrical power line. Said easement area is located at 3700 Hwy. 140, Rydal, Georgia and is more particularly described as follows:
That approximately 0.301 of an acre easement area and that portion only as shown highlighted in yellow on a drawing prepared by Rhodes Engineering Services (Paul R. Rogers, RLS) and being Job Title- Survey for State of Georgia, Department of The Georgia Forestry Commission. 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 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.

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SECTION 17. 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 18. 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 19. 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 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 21. 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

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a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 22. That 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 23. That the consideration for such easement shall be $10 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 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 25. 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 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 205, 206, 211, and 212, 5th. Land District, Bibb County and in Land Lots 250, 255, 265, 266, and 272, 5th. Land District, Houston County, Georgia, and the property is in the custody of the Georgia 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.

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SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Central Georgia Joint Development Authority (a State entity serving Bibb, Crawford, Houston, Jones, Monroe and Twiggs Counties), or its successors and assigns, a nonexclusive easement for the purpose of a restrictive easement to eliminate incompatible land use around Robins Air Force Base ("the Base") in Bibb and Houston Counties, Georgia 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 is near or adjacent to the Base at Echeconnee Creek Natural Area in Bibb and Houston Counties, Georgia, and is more particularly described as follows:
That approximately 527.5 acres portion and that portion only as shown on a drawing prepared by Department of Natural Resources stamped Exhibit "A" showing the 367.924 acres in Houston County and the 159.576 acres in Bibb County highlighted in black outline, 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 29. That the above-described premises shall be used solely for the purpose of a restrictive easement.

SECTION 30. That, after the Central Georgia Joint Development Authority completes the restrictive easement 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 Central Georgia Joint Development 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 31. That no title shall be conveyed to the Central Georgia Joint Development Authority and, except as herein specifically granted to the Central Georgia Joint Development 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 Central Georgia Joint Development Authority.

SECTION 32. 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

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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 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 34. That the easement granted to the Central Georgia Joint Development 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 35. That the consideration for such easement shall be future conveyance by the Central Georgia Joint Development Authority to the State of Georgia of additional properties to be used as buffer for the Base, such properties to be subject to the same easement restrictions, and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 36. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bibb and Houston Counties and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 37. That the authorization in this resolution to grant the above-described restrictive easement to the Central Georgia Joint Development Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IV SECTION 39.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 5th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia 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 40. 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 purpose of replacing and upgrading an old utility line. Said easement area is located at Skidaway Island State Park, Chatham County, Georgia and is more particularly described as follows:
That approximately 2.9 acre easement area and that portion only as shown highlighted in orange on a drawing marked Exhibit "A" 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 41. That the above-described premises shall be used solely for the purpose of replacing and upgrading the old utility line.

SECTION 42. 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.

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SECTION 43. 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 44. 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 45. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 46. 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.

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SECTION 47. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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 48. That the consideration for such easement shall be for fair market value not less than $10 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 49. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 50. 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 51. 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 52.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 6th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Bureau of Investigation, 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 53. 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 installation, operation and maintenance of an electrical power line. Said easement area

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is located at the Coastal Regional Crime Lab, Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah, Georgia and is more particularly described as follows:
That approximately 0.027 and 0.10 of an acre easement areas and that portion only as shown highlighted in purple on two drawings prepared by Harmon A. Vedder and being Job Title Little Ogeechee-New Dutchtown 115V Transmission Line Parcel 177 (0.10 Acre) and Parcel 178 (0.27 Acre). 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 54. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 55. 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 installation, operation, and maintenance of said electrical power line.

SECTION 56. 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 57. 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 58. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to

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be in the best interest of the State of Georgia. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 59. 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 60. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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 61. That the consideration for such easement shall be $46,500 and Georgia Power Company has agreed to provide as in-kind-cost-to-cure to GBI for the removal of existing trees, the planting of 29 Japanese Ligustrum trees and centipede sod, the installation of an irrigation system, and a two year maintenance and guarantee, to be installed upon completion of the transmission line, 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 62. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 63. 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 64. 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 65.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 204, and 205, 12th. Land District, Clayton 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 66. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Clayton County Water Authority, or its successors and assigns, a nonexclusive easement for the purpose of laying, constructing, operating, and maintaining utility structures including a sanitary sewer line in Clayton County, Georgia 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 is located at Oglethorpe Armory in Clayton County, Georgia, and is more particularly described as follows: That approximately 0.596 acres portion and that portion only as shown on a drawing prepared by Clayton County Water Authority stamped Exhibit "A" highlighted in yellow 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 67. That the above described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line at Oglethorpe Armory in Clayton County, Georgia.

SECTION 68. That, after the Clayton County Water Authority completes the sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to

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the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Clayton County Water 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 69. That no title shall be conveyed to the Clayton County Water Authority and, except as herein specifically granted to the Clayton County Water 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 Clayton County Water Authority.

SECTION 70. 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 71. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 72. That the easement granted to the Clayton County Water Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem

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in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 73. That the consideration for such easement shall be $10 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 74. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 75. That the authorization in this resolution to grant the above-described easement to the Clayton County Water Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 76. 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 77.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 470, Seventh Land District, Clinch County, Georgia, and the property is in the custody of the Georgia 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.

SECTION 78. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the purpose of construction of a road widening project for US Hwy 441 Widening Project No. EDS-441(46) Clinch County, Georgia 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 Clinch County, Georgia, and is more particularly described as follows:

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Those approximately 0.045 of an acre portion and that portion only as shown in yellow on a drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project," 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 79. That the above-described premises shall be used solely for the purpose of constructing the road widening project.

SECTION 80. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road widening.

SECTION 81. That, after the Georgia Department of Transportation completes the road widening project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia 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 82. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.

SECTION 83. 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 84. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 85. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 86. That the consideration for such easement shall be $10 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 87. That this grant of easement shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 88. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 89. 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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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 176 and 180, 1st. District, 5th. Section, Douglas 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 91. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation and maintenance of an electrical power line. Said easement area is located at the Sweetwater Creek State Park, Riverside Parkway in Douglas County and is more particularly described as follows:
That approximately 2.74 acres easement area and that portion only as shown highlighted in blue on that drawing prepared by Greystone Power Corporation, and being Job "Exhibit A" Riverside Parkway Double Circuit Land Lot 176, 1st.District, 5th. Section, Douglas County, 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 92. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 93. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.
SECTION 94. That, after Greystone Power 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, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 95. That no title shall be conveyed to Greystone Power Corporation and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area 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 Greystone Power Corporation.

SECTION 96. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 97. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best 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 98. 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 99. That the consideration for such easement shall be 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 100. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 101. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 102. 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 103.

The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia that is all that tract or parcel of land lying and being in Land Lot 78 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 plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 104. The above-described tract parcels comprise a portion of the George L. Smith II Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the George L. Smith II Georgia World Congress Center Authority through that certain management agreement dated April 8, 1974, as subsequently amended, and which does not object to the granting of these easements, hereinafter referred to as the easement areas 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 105. The 2011 Act 255 (HR 95) authorized the ground lease of 1.4 acres ("Tract 2" the Primary Lease Parcel) to Atlanta Hall Management, Inc. (AHM) for 30 years with four renewal options of five years each, including 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 AHM for the College Football Hall of Fame is desirous of being granted easement areas on or through Tract 3 for utility-like uses including but not limited to the construction, operation and maintenance of a shared detention pond for the College Football Hall of Fame facility and a state-owned parking deck, and installation, operation and maintenance of grease traps to connect to City of Atlanta sewer.

SECTION 106. The State of Georgia has also approved the acquisition from the City of Atlanta of the former Foundry Street property, which is adjacent to and surrounded by Tracts 2 and 3, and which will require relocation of various existing utility easements from that property onto State property.

SECTION 107. That the State of Georgia, acting by and through its State Properties Commission, may grant to those various utility companies or to AHM, or each successor and assign, nonexclusive easement areas on State property. Said easement areas are particularly to be described by respective plats 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 installing, maintaining, and operating and re-locating as appropriate said utilities or utility-like uses.

SECTION 109. That the various grantees shall have the right to remove or cause to be removed from said easement area only such trees and bushes as and when approved by George L. Smith II Georgia World Congress Center Authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said utilities or utility-like uses.

SECTION 110. That after these easements are granted, a subsequent abandonment of the use of each 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, each grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area

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or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 111. That no title shall be conveyed to the grantees and, except as herein specifically granted in each easement, all rights, title, and interest in and to said easement areas 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 utilities or AHM.

SECTION 112. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the State's use or intended use of an easement area, the easement area should be relocated to an alternate site within State property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced a schedule and written estimate for the cost of such removal and relocation. Upon written request from a Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 113. That each easement granted 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area.

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SECTION 115. That the consideration for each easement shall not be less than $10 and shall be set by the State Properties Commission, 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 116. That this grant of each 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 easements 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 these easement areas.

ARTICLE X SECTION 119.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 26 of the 14th. Land District, 3rd. Section, Gordon 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 120. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area to reconstruct the Interchange Improvement at I-75 Interchange located on the Northwest corner side of SR 136 and I-75 in Resaca, Gordon County and is more particularly described as follows:
That approximately 0.030 acre easement area and that portion only as shown highlighted in Orange and an area shown colored in Pink for the reconstruction of a driveway on that drawing prepared by Briendley Pieters & Associates, Inc., and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930," and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 121. That the above-described premises shall be used solely for the purpose of reconstructing the Interchange Improvement at I-75 Interchange @SR 136 in Gordon County, Georgia.

SECTION 122. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road reconstruction.

SECTION 123. That, after Georgia Department of Transportation has constructed the road reconstruction 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 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 road reconstruction shall become the property of the State of Georgia, or its successors and assigns.

SECTION 124. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation.

SECTION 125. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 126. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 127. 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 128. That the consideration for such easement shall be $10 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 Georgia 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.

ARTICLE XI SECTION 132.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 13 of the 14th. Land District, 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

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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 Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area for the construction of a road widening at SR3/US41/SR136 at SR136 in Gordon County and is more particularly described as follows:
That approximately 0.121 acre easement area and that portion only as shown highlighted in Orange on that drawing prepared by Briendley Pieters & Associates, Inc., and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930," 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 constructing a road widening at SR3/US41/SR136 at SR136 in Gordon County, Georgia.

SECTION 135. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road widening.

SECTION 136. That, after Georgia Department of Transportation has constructed the road widening 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 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 road widening shall become the property of the State of Georgia, or its successors and assigns.

SECTION 137. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation.

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SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 139. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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 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 $10 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.

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SECTION 143. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation 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 lying and being in Land Lots 169, 171, 10th. Land District, Hall County, Georgia, and the property is in the custody of the Georgia 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 146. That the State of Georgia, acting by and through its State Properties Commission, may grant to Hall County, or its successors and assigns, a nonexclusive easement for the purpose of constructing, maintaining, and operating county roads in Hall County, Georgia 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 Hall County, Georgia, and is more particularly described as follows:
That approximate total .407 of an acre consisting of three parcels of 0.007, 0.12, and 0.28 acres and that portion only as shown in red on an Exhibit "A" labeled Don Carter State Park Road Easements, Hall County 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 147. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating county roads at Don Carter State Park.

SECTION 148. That Hall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said roads.

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SECTION 149. That after Hall County completes the road construction project 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, Hall County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 150. That no title shall be conveyed to Hall County and, except as herein specifically granted to Hall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Hall County.

SECTION 151. 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 152. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 153. That the easement granted to Hall County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 154. That the consideration for such easement shall be $10 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 Hall 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 Hall County shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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 lying and being in Land Lots 165, 166, 168-172, 10th. Land District and Land Lots 96, 97, 120, 12th. Land District, GMD 1695, Hall County, Georgia, and the property is in the custody of the Georgia 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 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson EMC, or its successors and assigns, a nonexclusive easement for the purpose of installing, maintaining, and operating overhead power lines in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be

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reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows:
That approximate area shown (engineered drawings to follow for approximate area and as built surveys to be provided upon completion of installation) and that portion only as shown in blue on an Exhibit "A" labeled Don Carter State Park Power Lines, Hall County 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 constructing, maintaining, and operating power lines at Don Carter State Park.

SECTION 161. That Jackson EMC 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 power lines.

SECTION 162. That after Jackson EMC completes the utility lines project 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 Jackson EMC, 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 163. That no title shall be conveyed to Jackson EMC and, except as herein specifically granted to Jackson EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Jackson EMC.

SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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 165. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 166. That the easement granted to Jackson EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use 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 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 Hall 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 Jackson EMC 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.

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ARTICLE XIV SECTION 171.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165 and 166, 10th. District, 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 EMC, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Middle Georgia Technical College, Main Campus, Houston County and is more particularly described as follows:
That approximately 0.774 of an acre easement areas (two areas comprised of 0.104 and 0.162 acres) and that portion only as shown highlighted in yellow on that survey prepared by Christopher A. Branscom, Georgia Registered Surveyor No. 3164 and being Job Title Easement Plats for Flint Energies, Waddell & Company 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 installing, maintaining, and operating said electrical power line and associated equipment.

SECTION 174. Flint EMC 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 installation, operation and maintenance of said electrical power line.

SECTION 175. That, after Flint EMC 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 Flint EMC, 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 176. That no title shall be conveyed to Flint EMC and, except as herein specifically granted to Flint EMC all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint EMC.

SECTION 177. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 178. That the easement granted to Flint EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use 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.

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SECTION 180. That the consideration for such easement shall be $10 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.

SECTION 182. That the authorization in this resolution to grant the above-described easement to Flint EMC 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 lying and being in Land Lot 268, 19th. Land District, Jasper County, Georgia, and the property is in the custody of the Georgia 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 185. That the State of Georgia, acting by and through its State Properties Commission, may grant Central Georgia EMC, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line for the expansion of the shooting range at Charlie Elliot Wildlife Center in Jasper County, Georgia 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 Jasper County, Georgia, and is more particularly described as follows:
That approximately 0.396 of an acre portion and that portion only as shown in yellow on a drawing prepared by Breedlove Land Planning, Inc. titled Charlie Elliot Wildlife Center, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 186. That the above-described premises shall be used solely for the purpose of installing an overhead power line at Charlie Elliot Wildlife Center in Jasper County.

SECTION 187. That Central Georgia EMC 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 the overhead power line.

SECTION 188. That, after Central Georgia EMC completes the power line project 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, Central Georgia EMC, 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 power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 189. That no title shall be conveyed to Central Georgia EMC and, except as herein specifically granted to Central Georgia EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Central Georgia EMC.

SECTION 190. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of 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 in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee shall remove or relocate its

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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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 192. That the easement granted to Central Georgia EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use 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 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 Jasper 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 Central Georgia EMC 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 lying and being in Land Lot 76 of the 11th Land District and the 663rd. GMD, City of Valdosta, Lowndes County, Georgia, and that the property is in the custody of the Georgia Department of Agriculture, which does not object to the granting of this easement, hereinafter referred

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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 198. 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 purpose of moving, relocating, maintaining, and operating power lines. Said easement area is located at the Valdosta Farmers Market Lowndes County, Georgia and is more particularly described as follows:
That approximately 0.619 acre easement area and that portion only as shown highlighted in red dashed outline on a drawing marked Exhibit "A-1-2" prepared by Georgia Power Company. 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 199. That the above described premises shall be used solely for the purpose of moving, relocating, maintenance, and operation of existing power lines necessitated by a Lowndes County Department of Transportation road improvement project funded partially by the Georgia Department of Transportation.

SECTION 200. 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 moving, relocating, operation and maintenance of said power line.

SECTION 201. That after Georgia Power Company has put into use the 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 power line shall become the property of the State of Georgia or its successors and assigns.

SECTION 202. 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

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inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 203. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 204. 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 205. 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 206. That the consideration for such easement shall be for fair market value not less than $650 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 Lowndes 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 Georgia Power Company 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 the State of Georgia is the owner of the hereinafter described real property lying and being in the 134th. GMD, McDuffie 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 211. 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 installation, operation and maintenance of an underground electrical power line. Said easement area is located at the Thompson campus of Augusta Technical College in McDuffie County and is more particularly described as follows:
That approximately 0.101 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by WK Dickson and being Job Title "Utility Plan Augusta Technical College Aircraft Technology Building Project #DTAE-147" 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 212. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.

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SECTION 213. 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 installation, operation and maintenance of said electrical power line.

SECTION 214. 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 215. 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 216. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 217. 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

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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 218. 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 219. That the consideration for such easement shall be $10 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 220. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 221. 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 222. 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 XVIII SECTION 223.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 295, 9th. District, Newton 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.

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SECTION 224. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the reconstruction of SR 142 under DOT Project Number-STP-00-1418-00(003) in Newton County, Georgia 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 Newton County, Georgia, and is more particularly described as follows:
That approximately 0.0107 acre easement area and that portion only as shown in orange on a drawing prepared by Georgia Department of Transportation and being Job Title Project No. STP-00-1418-00(003), 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 225. That the above-described premises shall be used solely for the purpose of the road reconstruction project.

SECTION 226. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the road reconstruction project.

SECTION 227. That, after the Georgia Department of Transportation completes the road reconstruction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia 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 228. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.

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SECTION 229. 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 230. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 231. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 232. That the consideration for such easement shall be $10 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 233. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 234. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 235. 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 XIX SECTION 236.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1645th. GMD, Tattnall County, Georgia, and that the property is in the custody of the Georgia 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 237. 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 an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Federal Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Department of Corrections' Georgia State Prison Property in Tattnall County, Reidsville, Georgia and is more particularly described as follows:
That approximately 0.0574 of an acre easement area and that portion only as shown highlighted in Gold on that drawing prepared by Georgia Power Company Land Department and being Job Title "Plant Hatch Alert Notification (Siren) System Exhibit "A" Map, Siren #045" 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 238. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment.

SECTION 239. 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 installation, operation, and maintenance of said siren.

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SECTION 240. That, after Georgia Power Company has put into use the siren 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 siren shall become the property of the State of Georgia, or its successors and assigns.

SECTION 241. 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 242. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 243. 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.

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SECTION 244. 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 245. 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 246. That this grant of easement shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 247. 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 248. 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 XX SECTION 249.

That the State of Georgia is the owner of the hereinafter described real property lying and being in original Land Lot 32, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia 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.

SECTION 250. That the State of Georgia, acting by and through its State Properties Commission, may grant to John S. Braddy a nonexclusive easement for a permanent access easement 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

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at 4333 Okefenokee Swamp Road, Waycross, Ga. 31503 in Ware County, Georgia, and is more particularly described as follows:
That 0.207 of an acre portion and that portion only as shown highlighted in yellow on a drawing prepared by D Lavone Herrin and being Job Title "Resurvey of 0.813 Acre including 25' Easement", 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 251. That the above-described premises shall be used solely for the purpose of a permanent access easement.

SECTION 252. That John S. Braddy 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 permanent access easement.

SECTION 253. That, after John S. Braddy has put into use the permanent access easement 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, John S. Braddy, 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 254. That no title shall be conveyed to the John S. Braddy, and, except as herein specifically granted to John S. Braddy, 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 John S. Braddy.

SECTION 255. 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 256. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 257. That the easement granted to John S. Braddy 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 258. That the consideration for such easement shall be for fair market value, not less than $10 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 259. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 260. That the authorization in this resolution to grant the above-described easement to John S. Braddy 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 261. 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 XXI SECTION 262.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 12, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia 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.

SECTION 263. That the State of Georgia, acting by and through its State Properties Commission, may grant to Steve and Julie Mullis/L & S Mullis Farms, Inc. a nonexclusive easement for a permanent access easement and installation of a power line/pole at Dixon Memorial State Forest 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 will be for a total of 45' in width (30' for the road and 15' for the power line/pole). The easement will be for farm access only and if the land is converted or rezoned for other than agriculture purposes the easement is terminated and reverts back to the Georgia Forestry Commission. Said easement area is located on Lloyd Strickland Road in the Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows:
That 0.944 of an acre portion and that portion only as shown highlighted in yellow on a survey prepared by Registered Surveyor, Charles H. Tomberlin and being titled Survey for L & S Mullis Farms, Inc., and being on file in the offices of the State Properties Commission, and more particularly described in said plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 264. That the above-described premises shall be used solely for the purpose of a permanent access easement and power line/pole installation.

SECTION 265. That L & S Mullis Farms, Inc. 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 permanent access easement.

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SECTION 266. That, after L & S Mullis Farms, Inc. has put into use the permanent access easement 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, L & S Mullis Farms, Inc. 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 267. That no title shall be conveyed to L & S Mullis Farms, Inc., and except as herein specifically granted to L & S Mullis Farms, Inc., 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 L & S Mullis Farms, Inc.

SECTION 268. 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 269. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 270. That the easement granted to L & S Mullis Farms, Inc. 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 271. That the consideration for such easement shall be $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 272. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 273. That the authorization in this resolution to grant the above-described easement to L & S Mullis Farms, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 274. 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 XXII SECTION 275.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XXIII SECTION 276.

That all laws or parts of laws in conflict with this resolution are repealed.

Approved May 2, 2012.

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RETIREMENT PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; INCREASE EMPLOYEE CONTRIBUTION; INCREASE RETIREMENT BENEFIT.

No. 763 (Senate Bill No. 246).

AN ACT

To amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, is amended by revising subsection (a) of Code Section 47-4-60, relating to amount of contributions and manner of payment, as follows:
"(a) Each member shall contribute $4.00 monthly as the employee contribution toward the cost of the retirement system; provided, however, that any person first or again becoming a member of this retirement system on or after July 1, 2012, shall contribute $10.00 monthly as the employee contribution. Each local unit of administration shall deduct such amount each month from the compensation of each of its employees who is a member of the retirement system and pay the amounts so deducted to the board. The board shall specify by rules and regulations the time and manner such amounts shall be paid to it."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 47-4-101, relating to retirement benefits payable upon normal, early, or delayed retirement, as follows:
"(b)(1) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $16.50 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future; provided, however, that no benefit increase above $15.00 per month shall be applied to the benefit of persons who were retired on the effective date of this Act. If the General Assembly at any time appropriates funds expressly intended to fund the benefits provided in this subsection and

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such amount so appropriated is not sufficient to fund the maximum amount allowable, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $14.75 multiplied by the member's years of creditable service."

SECTION 3. This Act shall become effective on July 1, 2012, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2012, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 3, 2012.

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CRIMES AND OFFENSES CRIMINAL PROCEDURE DISPOSITION OF FORFEITED, SEIZED, AND SURPLUS FIREARMS BY LAW ENFORCEMENT AGENCIES.

No. 764 (Senate Bill No. 350).

AN ACT

To amend Chapter 16 of Title 16 and Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery and disposition of seized property, respectively, so as to provide for the disposition of firearms that were otherwise subject to forfeiture; to provide for the disposition of firearms used in burglaries or armed robberies; to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for definitions; to change provisions relating to the disposition of personal property in custody of a law enforcement agency; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery, is amended by revising subsection (a) of Code Section 16-16-2, relating to motor vehicles, tools, and weapons subject to forfeiture, grounds for seizure, custody of property, duties of officers, proceedings for forfeiture, and disposition of property, as follows:
"(a) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a burglary or armed robbery shall be subject to forfeiture under this chapter, but:
(1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier shall be subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a burglary or armed robbery; (2) No motor vehicle shall be subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission shall be protected to the extent of the interest of such co-owner; and (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest shall be subject to the interest of the secured party if he or she neither had knowledge of or nor consented to the act or omission. Notwithstanding any provisions of this Code section to the contrary, any firearm forfeited under this chapter shall be disposed of in accordance with the provisions of Code Section 17-5-52."

SECTION 2. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally, as follows:
"17-5-51. (a) Except as provided in subsection (c) of this Code section, any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of violating Code Section 16-11-126 are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, that this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages. (b) As used in this Code section, the term:

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(1) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-171. (2) 'Innocent owner' means a person who:
(A) Did not beforehand know or in the exercise of ordinary care would not have known of the conduct which caused his or her firearm to be forfeited, seized, or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources; (B) Did not participate in the commission of a crime or delinquent act involving his or her firearm; (C) Legally owned and presently owns the firearm forfeited, seized, or abandoned; and (D) Is authorized by state and federal law to receive and possess his or her firearm. (c) A firearm that is the property of an innocent owner shall be returned to such person when such firearm is no longer needed for evidentiary purposes. (d) The costs of returning the firearm to the innocent owner shall be borne by the innocent owner. Such costs shall be limited to the actual costs of shipping and associated costs from any transfer and background check fees charged when delivering the firearm to the innocent owner. (e) If six months elapse after notification to the innocent owner of the possession of the firearm by a political subdivision or state custodial agency and the innocent owner fails to bear the costs of return of his or her firearm or fails to respond to the political subdivision or state custodial agency, then the political subdivision or state custodial agency may follow the procedures under subsection (d) of Code Section 17-5-52.1."

SECTION 3. Said article is further amended by revising subsection (a) of Code Section 17-5-52, relating to sale or destruction of weapons used in commission of crime or delinquent act involving possession, sale of weapons not the property of the defendant, disposition of proceeds of sale, and record keeping, as follows:
"(a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. With the exception of firearms, as such term is defined in Code Section 17-5-51, which shall be disposed of in accordance with Code Section 17-5-52.1, within 90 days after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall retain the weapon or device for use in law enforcement, destroy the same, or sell the weapon or device pursuant to judicial sale as provided in Article 7 of Chapter 13 of Title 9 or by any commercially feasible means, provided that if

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the weapon or device used as a weapon in the crime is not the property of the defendant, there shall be no forfeiture of such weapon or device."

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"17-5-52.1. (a) As used in this Code section, the terms 'firearm' and 'innocent owner' shall have the same meaning as set forth in Code Section 17-5-51. (b) Notwithstanding any other provision of law to the contrary and subject to the duty to return firearms to innocent owners pursuant to subsection (c) of Code Section 17-5-51 and this Code section, all firearms that are forfeited or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources, or that are otherwise acquired by the state or a political subdivision and are no longer needed, shall be disposed of as provided in this Code section. (c) Prior to the disposal of any firearm that has been forfeited or abandoned to the state or a political subdivision of the state, the political subdivision or state custodial agency with possession of the firearm shall use its best efforts to determine if the firearm has been lost by, stolen from, or otherwise illegally obtained from an innocent owner and, if so, shall return the firearm to its innocent owner in accordance with Code Section 17-5-51. (d) If an innocent owner of a firearm cannot be located or after proper notification he or she fails to pay for the return of his or her firearm, if the political subdivision is:
(1) A municipal corporation, it shall dispose of its firearms as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any and all bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. Any political subdivision which disposes of firearms shall use proceeds from the sale of a firearm as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the political subdivision; or (2) Not a municipal corporation, the state custodial agency or the political subdivision shall dispose of its firearms by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. A state custodial agency shall retain only such proceeds as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the state, provided that a state custodial agency may be reimbursed for any firearms formerly in use by the state custodial agency that are sold under this Code section. (e) Auctions required by paragraph (2) of subsection (d) of this Code section may occur online on a rolling basis or at live events, but in no event shall such auctions occur less

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frequently than once every six months during any time in which the political subdivision or state custodial agency has an inventory of saleable firearms. (f) The requirements of subsection (d) of this Code section shall not apply to a firearm if no bids from eligible recipients are received within six months from when bidding opened on such firearm or the sheriff, chief of police, agency director, or designee of such official certifies the firearm is unsafe for use because of wear, damage, age, or modification or because any federal or state law prohibits the sale or distribution of such firearm. Any such firearm shall, at the discretion of the sheriff, chief of police, agency director, or designee of such official, be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed. (g) All agencies subject to the provisions of this Code section shall keep records of the firearms acquired and disposed of as provided by this Code section as well as records of the proceeds of the sales thereof and the disbursement of such proceeds in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act.' (h) Neither the state nor any political subdivision of the state nor any of its officers, agents, or employees shall be liable to any person, including the purchaser of a firearm, for personal injuries or damage to property arising from the sale of a firearm under this Code section unless the state or political subdivision acted with gross negligence or willful or wanton misconduct."

SECTION 5. Said article is further amended by revising subsection (a) of Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, as follows:
"(a)(1) Except as provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (f) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final verdict and judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property within 30 days following the final judgment; provided, however, that if the judgment is appealed or if the defendant files a motion for a new trial and if photographs, videotapes, or other identification or analysis of the personal property will not be sufficient evidence for the appeal of the case or new trial of the case, such personal property shall be returned to the rightful owner within 30 days of the conclusion of the appeal or new trial, whichever occurs last. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final verdict and judgment in the case of property used as

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evidence, and which is no longer needed in a criminal investigation or for evidentiary purposes in accordance with Code Section 17-5-55 or 17-5-56 shall be subject to disposition by the law enforcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided, however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately."

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

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

Approved May 3, 2012.

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ANIMALS REVISE PROVISIONS REGARDING DANGEROUS AND VICIOUS DOGS.

No. 765 (House Bill No. 685).

AN ACT

To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to revise provisions relating to dogs and provisions relating to dangerous and vicious dogs; to provide for legislative intent; to change provisions of liability for damage caused by

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dogs; to allow for more stringent local regulation; to revise provisions relating to the lawful killing of dogs; to provide for a short title; to provide public safety and administrative procedures for the identification of dangerous and vicious dogs; to require registration for the possession of certain dogs and to require certain safety and indemnity measures as a condition of owning a dog classified as vicious or dangerous; to provide procedural requirements; to provide for euthanasia of dogs in certain instances; to provide for criminal offenses and punishment; to provide for reclassification of previously classified dogs; 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 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by redesignating Code Section 4-8-1 as Code Section 4-8-1.1 and by adding a new Code section to read as follows:
"4-8-1. It is the intention of this chapter to establish as state law minimum standards for the control and regulation of dogs and to establish state crimes for violations of such minimum standards. However, this chapter shall not prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control and regulation of dogs than the minimum standards provided for in this chapter."

SECTION 2. Said chapter is further amended by revising Code Section 4-8-4, relating to liability for damage caused by dogs, as follows:
"4-8-4. (a) The owner or, if no owner can be found, the custodian exercising care and control over any dog which while off the owner's or custodian's property causes injury, death, or damage directly or indirectly to any livestock, poultry, or pet animal shall be civilly liable to the owner of the livestock, poultry, or pet animal for injury, death, or damage caused by the dog. The owner or, if no owner can be found, the custodian exercising care and control over any dog shall be liable for any damage caused by such dog to public or private property. The liability of the owner or custodian of the dog shall include consequential damages. (b) This Code section is to be considered cumulative of other remedies provided by law. There is no intent to eliminate or limit other causes of action which might inure to the owner of any livestock, poultry, or pet animal."

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SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 4-8-5, relating to cruelty to dogs and authorized killing of dogs, as follows:
"(a) No person shall perform a cruel act on any dog; nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may:
(1) Defend his or her person or property, or the person or property of another, from injury or damage being caused by a dog; or (2) Kill any dog causing injury or damage to any livestock, poultry, or pet animal."

SECTION 4. Said chapter is further amended by repealing in its entirety Article 2, relating to dangerous dog control, and enacting a new article to read as follows:

"ARTICLE 2 4-8-20. This article shall be known and may be cited as the 'Responsible Dog Ownership Law.'

4-8-21. (a) As used in this article, the term:
(1) 'Classified dog' means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article. (2) 'Dangerous dog' means any dog that:
(A) Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph; (B) Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or (C) While off the owner's property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog. (3) 'Local government' means any county or municipality of this state. (4) 'Owner' means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term 'owner' includes the parents or person in loco parentis with custody of the minor. (5) 'Serious injury' means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in

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protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ. (6) 'Vicious dog' means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack. (b) No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer's official duties. No dog shall be classified as a dangerous dog or a vicious dog if the person injured by such dog was a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under Chapter 5 of Title 16.

4-8-22. (a) A county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality. (b) The governing authority of each local government shall designate an individual as dog control officer to aid in the administration and enforcement of the provisions of this article. A person carrying out the duties of dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest. (c) Any county or municipality or any combination of such local governments may enter into agreements with each other for the consolidation of dog control services under this Code section.

4-8-23. (a) For purposes of this Code section, the term:
(1) 'Authority' means an animal control board or local board of health, as determined by the governing authority of a local government. (2) 'Mail' means to send by certified mail or statutory overnight delivery to the recipient's last known address. (b) Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog within a dog control officer's jurisdiction, the dog control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog. (c) When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail a dated notice to the dog's owner within 72 hours. Such notice shall include a summary of the dog control officer's determination and shall state that the owner has a right to request a hearing from the authority on the dog control officer's determination within 15 days after the date shown on the notice. The notice shall also provide a form for requesting the hearing and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this article.

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(d) When a hearing is requested by a dog owner in accordance with subsection (c) of this Code section, such hearing shall be scheduled within 30 days after the request is received; provided, however, that such hearing may be continued by the authority for good cause shown. At least ten days prior to the hearing, the authority conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the authority conducting the hearing shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination. (e) Within ten days after the hearing, the authority which conducted the hearing shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective. If the determination is that the dog is to be euthanized pursuant to Code Section 4-8-26, the notice shall specify the date by which the euthanasia shall occur. (f) Judicial review of the authority's final decision may be had in accordance with Code Section 50-13-19.

4-8-24. A law enforcement officer or dog control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety.

4-8-25. The judge of any superior court of competent jurisdiction within this state may order the euthanasia of a dog if the court finds, after notice and opportunity for hearing as provided by Code Section 4-8-23, that the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and:
(1) The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or (2) Any local governmental authority has filed with the court a civil action requesting the euthanasia of the dog.

4-8-26. A dog that is found, after notice and opportunity for hearing as provided by Code Section 4-8-23, to have caused a serious injury to a human on more than one occasion shall be euthanized; provided, however, that no injury occurring before July 1, 2012, shall count for purposes of this subsection.

4-8-27. (a) It shall be unlawful for an owner to have or possess within this state a classified dog without a certificate of registration issued in accordance with the provisions of this Code section. Certificates of registration shall be nontransferable and shall only be issued to a

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person 18 years of age or older. No more than one certificate of registration shall be issued per domicile. (b) Unless otherwise specified by this Code section, a certificate of registration for a dangerous dog shall be issued if the dog control officer determines that the following requirements have been met:
(1) The owner has maintained an enclosure designed to securely confine the dangerous dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the dangerous dog from leaving such property; and (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (c) Except as provided in subsections (e) and (f) of this Code section, a certificate of registration for a vicious dog shall be issued if the dog control officer determines that the following requirements have been met: (1) The owner has maintained an enclosure designed to securely confine the vicious dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property; (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (3) A microchip containing an identification number and capable of being scanned has been injected under the skin between the shoulder blades of the dog; and (4) The owner maintains and can provide proof of general or specific liability insurance in the amount of at least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the vicious dog against liability for any bodily injury or property damage caused by the dog. (d) No certificate of registration shall be issued to any person who has been convicted of two or more violations of this article. (e) No person shall be the owner of more than one vicious dog. (f) No certificate of registration for a vicious dog shall be issued to any person who has been convicted of:
(A) A serious violent felony as defined in Code Section 17-10-6.1; (B) The felony of dogfighting as provided for in Code Section 16-12-37 or the felony of aggravated cruelty to animals as provided for in Code Section 16-12-4; or (C) A felony involving trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy as provided for in Code Sections 16-13-31 and 16-13-31.1 from the time of conviction until two years after completion of his or her sentence, nor to any person residing with such person. (g) Certificates of registration shall be renewed on an annual basis. At the time of renewal of a certificate of registration for a vicious dog, a dog control officer shall verify that the owner is continuing to comply with provisions of this article. Failure to renew a certificate

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of registration within ten days of the renewal date or initial classification date shall constitute a violation of this article.

4-8-28. (a) The owner of a classified dog shall notify the dog control officer within 24 hours if the dog is on the loose or has attacked a human and shall notify the dog control officer within 24 hours if the dog has died or has been euthanized. (b) A vicious dog shall not be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized. (c) The owner of a classified dog who moves from one jurisdiction to another within the State of Georgia shall register the classified dog in the new jurisdiction within ten days of becoming a resident and notify the dog control officer of the jurisdiction from which he or she moved. The owner of a similarly classified dog who moves into this state shall register the dog as required in Code Section 4-8-27 within 30 days of becoming a resident.

4-8-29. (a) It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless:
(1) The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (2) The dog is contained in a closed and locked cage or crate. (3) The dog is working or training as a hunting dog, herding dog, or predator control dog. (b) It shall be unlawful for an owner of a vicious dog to permit the dog to be: (1) Outside an enclosure designed to securely confine the vicious dog while on the owner's property or outside a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property unless:
(A) The dog is muzzled and restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (B) The dog is contained in a closed and locked cage or crate; or (2) Unattended with minors. (c) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature. (d) An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. In addition, the classified dog shall be euthanized at the cost of the owner.

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(e) Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity.

4-8-30. (a) A dangerous or vicious dog shall be immediately confiscated by any dog control officer or by a law enforcement officer in the case of any violation of this article. A refusal to surrender a dog subject to confiscation shall be a violation of this article. (b) The owner of any dog that has been confiscated pursuant to this article may recover such dog upon payment of reasonable confiscation and housing costs and proof of compliance with the provisions of this article. All fines and all charges for services performed by a law enforcement or dog control officer shall be paid prior to owner recovery of the dog. Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog. (c) In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, such dog shall be destroyed in an expeditious and humane manner and the owner may be required to pay the costs of housing and euthanasia.

4-8-31. Under no circumstances shall a local government or any employee or official of a local government be held liable for any damages to any person who suffers an injury inflicted by a dog as a result of a failure to enforce the provisions of this article.

4-8-32. Except as otherwise specified in this article, any person who violates any provision of this article shall be guilty of a misdemeanor.

4-8-33. (a)(1) Any dog classified prior to July 1, 2012, as a potentially dangerous dog in this state shall on and after that date be classified as a dangerous dog under this article. (2) Any dog classified prior to July 1, 2012, as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this article.
(b) The owner of any dog referred to in subsection (a) of this Code section shall come into compliance with all current provisions of this article by January 1, 2013."

SECTION 5. Said chapter is further amended by repealing in its entirety Article 3, relating to vicious dogs.

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SECTION 6. This Act shall become effective on July 1, 2012, and shall apply to proceedings for the classification and registration of dogs which are pending on that date as well as to such proceedings which arise on or after that date.

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

Approved May 3, 2012.

__________

EDUCATION STATE CHARTER SCHOOLS COMMISSION; CREATION.

No. 766 (House Bill No. 797).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to repeal an article relating to the Georgia Charter Schools Commission; to provide for legislative findings and intent; to provide for definitions; to provide for the establishment of the State Charter Schools Commission; to provide for its membership, duties, and powers; to provide for requirements for state charter schools; to provide for information to parents; to provide for an annual report; to provide for financial responsibility; to provide for funding for state charter schools; to provide for rules and regulations; to revise provisions relating to funding for state chartered special schools; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; 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 repealing Article 31A of Chapter 2, relating to the Georgia Charter Schools Commission, and enacting a new article to read as follows:

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20-2-2080. (a) The General Assembly finds that:
(1) State charter schools can serve as a complement to the educational opportunities provided by local boards of education in the state's system of public education; and (2) State charter schools do not supplant public schools operated by local boards of education but provide options to enhance public educational opportunities. (b) It is the intent of the General Assembly that there be established a state-level commission under the authority of the State Board of Education whose primary focus is the development and support of state charter schools in order to better meet the growing and diverse needs of students in this state and to further ensure that state charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner.

20-2-2081. As used in this article, the term:
(1) 'Attendance zone' means all or a portion of a local school system, one or more local school systems or portions thereof, or all local school systems in this state. (2) 'Commission' means the State Charter Schools Commission established pursuant to Code Section 20-2-2082. (3) 'Department' means the state Department of Education. (4) 'Governing board' means the governing board of the nonprofit organization which is the charter petitioner for a state charter school and which is the same as the governing board of the state charter school which is involved in school-level governance of the state charter school. (5) 'State charter school' means a school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A state charter school shall be a public school. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article.

20-2-2082. (a) The State Charter Schools Commission is established as a state-level authorizing entity working in collaboration with the Department of Education under the authority of the State Board of Education. Start-up funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two

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appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than the first regular meeting of the State Board of Education in February, 2013. Each member shall serve a term of two years; provided, however, that, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population, to the extent possible, with respect to race, sex, and geography who have experience in finance, administration, law, and education. (c) The commission is encouraged to convene its first meeting no later than March 1, 2013, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews state charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. (f) No commission member shall solicit or accept any gift, favor, loan, contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that commission member in the discharge of his or her duties as a commission member.

20-2-2083. (a) The commission shall have the power to:
(1) Approve or deny petitions for state charter schools and renew, nonrenew, or terminate state charter school petitions in accordance with rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a petition for a state charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise

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working capital. The State Board of Education shall review and may overrule the approval or renewal of a state charter school by the commission within 60 days of such decision by the commission upon a majority vote of the members of the state board; and (2) Conduct facility and curriculum reviews of state charter schools. (b) The commission shall have the following duties: (1) Review petitions for state charter schools and assist in the establishment of state charter schools throughout this state. The commission shall ensure that all charters for state charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for state charter schools in order to ensure that high-quality schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven state charter school programs; (3) Develop, promote, and require high standards of accountability for state charter schools. The commission shall ensure that each state charter school participates in the state's education accountability system. If a state charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of state charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission shall also review the citizenship and immigration status of each individual that works at a state charter school and aggregate the information by school on an annual basis. The commission's duties to monitor the state charter school shall not constitute the basis for a private cause of action; (5) Direct state charter schools and persons seeking to establish state charter schools to sources of private funding and support; (6) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (7) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for state charter schools; (8) Act as liaison for state charter schools in cooperating with local boards of education that may choose to allow state charter schools to utilize excess space within school facilities; (9) Encourage collaboration with municipalities, counties, consolidated governments, universities or colleges of the board of regents, technical institutions of the Technical College System of Georgia, and regional educational service agencies; (10) Meet the needs of state charter schools and local school systems by uniformly administering high-quality state charter schools, thereby removing administrative burdens from the local school systems;

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(11) Assist state charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the state charter schools on a contractual basis; and (12) Provide for annual training, as determined by the commission, for members of state charter school governing boards. The training shall include, but not be limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. (c)(1) The commission shall establish rules and regulations requiring each state charter school to provide adequate notice of its enrollment procedures, including any provision for the use of a random selection process where all applicants have an equal chance of being admitted in the event that the number of applications to enroll in the school exceeds the capacity of the program, grade, or school. (2) The commission shall provide adequate notice to local boards of education and to the public regarding meetings to be held by the commission. Such notice shall include the charter petitions to be discussed and acted upon. Such notice shall be provided in accordance with Chapter 14 of Title 50, relating to open and public meetings.

20-2-2084. (a) Petitions submitted to the commission shall be subject to rules and regulations established pursuant to this article. (b) The commission shall be authorized to approve a petition for a state charter school that meets the following requirements:
(1) Has a state-wide attendance zone; or (2)(A) Has a defined attendance zone; and (B) Demonstrates that it has special characteristics, such as a special population, a special curriculum, or some other feature or features which enhance educational opportunities, which may include the demonstration of a need to enroll students across multiple communities or an alternative delivery system; provided, however, that the petitioner shall demonstrate a reasonable justification for any proposed special curriculum that has a narrow or limited focus.
(c)(1) For petitions for state charter schools with a state-wide attendance zone, the petitioner shall submit such petition to the commission and concurrently to the local board of education in which the school is proposed to be located for information purposes; provided, however, that this shall not apply to a proposed state charter school which will solely provide virtual instruction. (2) For petitions for state charter schools with a defined attendance zone, the petitioner shall concurrently submit such petition to the commission, to the local board of education in which the school is proposed to be located, and to each local school system from which the proposed school plans to enroll students. The commission shall not act on a petition unless the local board of education in which the school is proposed to be located denies

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the petition; provided, however, that such local board shall approve or deny the petition no later than 60 days after its submission, as required pursuant to subsection (b) of Code Section 20-2-2064, unless the petitioner requested an extension. Failure to approve or deny such petition by such local board, in violation of Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph. A local board that has denied a petition for a state charter school shall be permitted to present to the commission in writing or in person the reasons for denial and the deficiencies in such petition resulting in such denial. (3) The commission may take into consideration any support or opposition by the local board of education or local boards of education on the start-up charter school petition when it votes to approve or deny a corresponding state charter school petition. (d) A state charter school shall: (1) Seek highly qualified, properly trained teachers and other qualified personnel for such schools; provided, however, that such schools shall give preference to hiring an individual who is a citizen or national of the United States over another individual who is not a citizen or national of the United States if the two individuals are equally qualified, unless a teacher is a foreign exchange teacher; provided, however, that prior to hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, the school shall receive approval by the commission and demonstrate that qualified teachers and other personnel were sought but not available in such area which warrants hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, unless a teacher is a foreign exchange teacher; provided, further, that the commission and the state charter school shall not construe this paragraph in a manner in violation of 8 U.S.C. Section 1324b or other provisions of law; and (2) Give preference in contracting and purchasing of services and materials to businesses incorporated under the laws of this state or qualified to do business within this state and having a regularly maintained and established place of business within this state, so long as such businesses are otherwise similarly situated and qualified as compared to a business from out of state. (e)(1) The members of the governing board for the state charter school shall meet the following qualifications:
(A) Must be a United States citizen; (B) Must be a resident of Georgia; and (C) Must not be an employee of the state charter school. (2) No member of the governing board of the state charter school shall: (A) Act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment; (B) Solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to solicit or accept any gift,

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favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that board member in the discharge of his or her duties as a board member; (C) Use, or knowingly allow to be used, his or her position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her position for the purpose of securing financial gain for himself or herself, his or her immediate family member, or any business organization with which he or she is associated; or (D) Be an officer or serve on the board of directors of any organization that sells goods or services to that state charter school. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. (f) The members of the governing board of each state charter school shall participate in annual training conducted by the commission pursuant to paragraph (12) of subsection (b) of Code Section 20-2-2083. (g) An individual that works at a state charter school or an individual that has administrative oversight at a state charter school shall not serve on the board of directors of an organization that sells goods or services to such state charter school.

20-2-2085. A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. Upon the existing charter school's request, a local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a state charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education; provided, however, that the local board shall be authorized to charge or continue to charge a reasonable fee for use of the facilities.

20-2-2086. The commission shall provide maximum access to information regarding state charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to state charter schools throughout this state, and public education programs concerning state charter schools.

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20-2-2087. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all state charter schools approved under this article.

20-2-2088. If a charter for a state charter school is not renewed or is terminated, the state charter school shall be responsible for all debts of such school. Neither the state, the State Board of Education, or the commission shall be liable for any debts of the school in the event the charter is not renewed or is terminated. The local school system may not assume the debt from any contract for services made between the governing body of the state charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility.

20-2-2089. (a)(1) The earnings for a student in a state charter school shall be equal to the earnings for any other student with similar student characteristics in a state charter school, regardless of the local school system in which the student resides or the school system in which the state charter school is located, and, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state charter school through appropriation of state funds an amount equal to the sum of: (A)(i) QBE formula earnings and QBE grants earned by the state charter school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department.

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(2) In the event that a state charter school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the commission if relevant factors warrant such increase; and (B) The commission may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction.
(3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest.
(b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each state charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside in the geographical area of the local school system. (d) For purposes of funding students enrolled in a state charter school in the first year of such school's operation or for the first year that an existing state charter school offers a new grade level and prior to the initial student count, the commission shall calculate and the department shall distribute the funding for the state charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. No later than July 1 of each year, the commission shall notify the department and the Office of Planning and Budget of the funding estimates calculated pursuant to this subsection for any new state charter schools and for any new grade levels offered by existing state charter schools. After the initial student count during the first year of such state charter school's operation or newly offered grade level and in all years of operation thereafter, each state charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year.

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(e) Funding for state charter schools pursuant to this Code section shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants.

20-2-2090. The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school shall, consistent with department rules and regulations, be treated as a single local education agency.

20-2-2091. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner and subject to the same requirements as for state chartered special schools under Article 31 of this chapter."

SECTION 2A. Said title is further amended by revising subsection (d) of Code Section 20-2-2068.1, relating to funding for charter schools, as follows:
"(d)(1) Effective July 1, 2012, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state chartered special school through appropriation of state funds an amount equal to the sum of:
(A)(i) QBE formula earnings and QBE grants earned by the state chartered special school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development, as determined by the department.

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(ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state chartered special school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the department if relevant factors warrant such increase; and (B) The department may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction. (3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (4) The department may withhold up to 3 percent of the amount determined pursuant to paragraphs (1) and (2) of this subsection for each state chartered special school for use in administering the duties required pursuant to this article with respect to state chartered special schools; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the department in performing the duties required by this article with respect to state chartered special schools. (5) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state chartered special school of a specific student or students who reside in the geographical area of the local school system. (6) Funding for state chartered special schools pursuant to this subsection shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants. (7) The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall

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report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs."

SECTION 3. (a)(1) Section 1 of this Act shall become effective on January 1, 2013, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools is ratified at the November, 2012, general election. (2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. (b) All other sections of this Act shall become effective on July 1, 2012.

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

Approved May 3, 2012.

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REVENUE AND TAXATION COMPREHENSIVE REVISION OF INCOME TAX CREDITS FOR CERTAIN BUSINESS ENTERPRISES.

No. 767 (House Bill No. 868).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for procedures, conditions, and limitations; to change certain provisions so as to correct certain cross-references; to provide for an extended job creation period for certain companies; to clarify conditions and limitations on jobs created when a company is acquired; to provide for an effective date and applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings

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or remedies, or civil actions related to certain 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. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, is amended by revising subsections (a), (e), (f), (h), and (l) of Code Section 48-7-40, relating to designation of counties as less developed areas, as follows:
"(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, biomedical manufacturing, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (4) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, including, but not limited to, the manufacturing

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of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, or research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (5) 'New full-time employee job' means a newly created position of employment that was not previously located in this state, requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor." "(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with the first taxable year in which the new

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full-time employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by two or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier.

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(2) Existing business enterprises shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job the first year in which the new full-time employee job is created. The additional credit shall be claimed in the first taxable year in which the new full-time employee job is created. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit generated and utilized for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time employee jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time employee jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through five, or whatever portion of years two through five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the five years of credit." "(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of

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this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year." "(l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."

SECTION 2. Said article is further amended by revising subsections (a), (e), (f), and (j) of Code Section 48-7-40.1, relating to tax credits for business enterprises located in less developed areas, as follows:
"(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section." "(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this

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article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time employee jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time employee jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through five, or whatever portion of years two through five which has been

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completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit." "(j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."

SECTION 3. Said article is further amended by revising subsection (e) of Code Section 48-7-40.12, relating to tax credit for qualified research expenses, as follows:
"(e) Where the amount of a credit claimed under this Code section exceeds 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer."

SECTION 4. Said article is further amended by revising Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows:
"48-7-40.15. (a) As used in this Code section, the term:
(1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided,

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however, that in the event the total amount actually imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by subsection (b) of this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility. (6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.

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(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section. (b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 or 48-7-40.1 and shall be in addition to the credit allowed under Code Section 48-7-40 or 48-7-40.1; provided, however, that such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time on or after January 1, 1998, there shall be allowed a credit against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall also be in lieu of and not in addition to the credit authorized under Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9. (d) No business enterprise shall be authorized to claim the credits provided for in both subsections (b) and (c) of this Code section on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic, has increased employment by 400 or more no sooner than January 1, 1998, and has purchased or acquired qualified investment property having an aggregate cost in excess of $20 million no sooner than January 1, 1998. (e) The credit granted under this Code section shall be subject to the following conditions and limitations:

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(1) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Section 48-7-40, 48-7-40.1, and 48-7-40.2 or 48-7-40.7:
(A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (2)(A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-7-40 or 48-7-40.1 and this Code section, respectively. (B) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified investment property was acquired, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (3)(A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 or 48-7-40.1 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year.

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(D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer."

SECTION 5. Said article is further amended by revising Code Section 48-7-40.17, relating to establishing or relocating headquarters and tax credit, as follows:
"48-7-40.17. (a) As used in this Code section, the term:
(1) 'Average wage' means the average wage of the county in which a new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'New quality job' means employment for an individual which:
(A) Is located in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; and (D) Pays at or above 110 percent of the average wage of the county in which it is located. (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located;

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provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new quality job created, the credit established by this subsection may be taken for the first taxable year in which the new quality job is created and for the four immediately succeeding taxable years; provided, however, that such new quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new quality jobs required. (c) The number of new quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (f) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (g) The state revenue commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

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SECTION 6. Said article is further amended by revising Code Section 48-7-40.24, relating to the job tax credit for business enterprises, to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project who:
(A) Possesses a valid Georgia driver's license or identification card issued by the Department of Driver Services; or (B) Submits a notarized affidavit swearing to be a United States citizen or lawfully present alien authorized to work in the United States. (3) 'Force majeure' means any: (A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site or sites of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4)(A) 'Full-time employee job' and 'full-time job' mean employment of an individual which:
(i) Is located in this state at the site or sites of a qualified project or the facility or facilities resulting therefrom; (ii) Involves a regular work week of 35 hours or more; (iii) Has no predetermined end date; and (iv) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (B) For purposes of this paragraph:

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(i) Leased employees shall be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise satisfies subparagraph (A) of this paragraph; (ii) An individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year; and (iii) When there is a merger or acquisition of another company by a business enterprise whose application for a qualified project has been approved, the existing jobs in this state shall not be counted in calculating the job creation requirement and the credit calculation necessary to qualify for the tax credit under this Code section. Only additional jobs added in this state that meet the requirements of this Code section shall be counted for purposes of calculating the job creation requirement and the credit calculation. (5) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of 1,800 eligible full-time employees. If at the close of the sixth taxable year following the withholding start date a minimum of $600 million in qualified investment property has been purchased or acquired by the business enterprise to be used with respect to a qualified project, the job creation requirement shall be extended for an additional two-year period. If at the close of the eighth taxable year following the withholding start date a minimum of $800 million in qualified investment property has been purchased or acquired by the business enterprise to be used with respect to a qualified project, the job creation requirement shall be extended for an additional four-year period after the sixth taxable year following the withholding start date. (6) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (7) 'Payroll maintenance requirement' means the requirement that, with respect to each year in the recapture period, the total annual Georgia W-2 reported payroll with respect to a qualified project must equal or exceed $150 million. (8) 'Payroll requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of $150 million in total annual Georgia W-2 reported payroll with respect to a qualified project.

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(9) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and any personal property to be used in the facility or facilities. (10) 'Qualified investment property requirement' means the requirement that by the close of the sixth taxable year following the withholding start date, a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (11) 'Qualified project' means a project which meets the job creation requirement and either the payroll requirement or qualified investment property requirement. If the taxpayer selects the qualified investment property requirement as one of the conditions for its project, the property shall involve the construction of one or more new facilities in this state or the expansion of one or more existing facilities in this state. For purposes of this paragraph, the term 'facilities' means all facilities comprising a single project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any personal property that is used in the facility or facilities. (12) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer. (13) 'Withholding start date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site or sites of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start date; (B) Certifies that such project will meet the job creation requirement and either the payroll requirement or the qualified investment property requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement and, if applicable, the payroll maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, the panel, after reviewing the application, certifies that the new or expanded facility or facilities will have a significant beneficial economic effect on the region for which they are planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's

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certification may be based upon other criteria, a project that meets the minimum job creation requirement and either the payroll requirement or qualified investment property requirement, as applicable, specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible full-time employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise's quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability

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under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period for the prior taxable year. (f) Subject to the requirements of division (a)(4)(B)(iii) of this Code section, the sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section, a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start date, unless the purchase or acquisition of qualified investment property is made as provided in paragraph (5) of subsection (a) of this Code section, in which case a new full-time job must be created by the close of the eighth taxable year following the business enterprise's withholding start date based on a $600 million qualified investment or the end of the tenth taxable year based on an $800 million qualified investment. In no event may a credit be claimed under this Code section for more than 4,500 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section for a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site or sites of such project or the facility or facilities resulting therefrom, but only for costs incurred more than five years after the date the facility or facilities first become operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its

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withholding start date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer, for such project. If the taxpayer has failed to meet any applicable job creation, payroll, or qualified investment property requirement, the taxpayer shall forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that any applicable job creation, payroll, or qualified investment property requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided by Code Section 48-2-40. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start date, or with or before the eighth taxable year following the taxpayer's withholding start date if the project falls within the $600 million in qualified investment property category, or within the tenth taxable year following the taxpayer's withholding start date if the project falls within the $800 million in qualified investment property category, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met the job creation requirement and either the payroll requirement or the qualified investment property requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement and, if applicable, the payroll maintenance requirement for such year. For purposes of this subsection, whether such job maintenance requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. For purposes of this subsection, whether such payroll maintenance requirement has been

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satisfied shall be determined by comparing the total annual Georgia W-2 reported payroll with respect to a qualified project for the taxable year with $150 million. If the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer shall forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided by Code Section 48-2-40. (m) A taxpayer that fails to meet the job maintenance requirement or payroll maintenance requirement, or both, for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, but that the portion of the year so affected was six months or less, for purposes of the job maintenance requirement the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months and for purposes of the payroll maintenance requirement the commissioner shall annualize the total Georgia W-2 reported payroll with respect to a qualified project for the portion of the year not so affected. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement or payroll maintenance requirement, or both, and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time.

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(o) Projects certified by the panel pursuant to paragraph (2) of subsection (b) of this Code section before January 1, 2009, shall be governed by this Code section as it was in effect for the taxable year the project was certified. (p) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 7. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2012. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of general law as it existed immediately prior to January 1, 2012. (c) This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to January 1, 2012.

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

Approved May 3, 2012.

__________

MR. JAMES A. CAULEY COMPENSATION.

No. 769 (House Resolution No. 1161).

A RESOLUTION

Compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

WHEREAS, on July 14, 2011, James A. Cauley was on the premises of the Georgia Department of Labor office in Americus, Georgia, to sign up his son for the Job Corps; and

WHEREAS, while at this location and in the process of sitting down in a wheeled chair, the chair rolled, causing him to fall and strike his back and head on the floor; and

WHEREAS, as a result of this incident, Mr. Cauley suffered a back and neck injury requiring substantial medical bills that he has been unable to pay as the Veterans Administration did

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not pay these bills and he has no other medical insurance, Medicaid benefits, or any other means of financial assistance; and

WHEREAS, as a result of his injury, Mr. Cauley has suffered additional financial losses and his spouse has incurred lost wages; and

WHEREAS, Mr. Cauley has submitted substantial medical bills to the Claims Advisory Board; and

WHEREAS, Mr. Cauley has suffered personal injury, lost wages, emotional distress, and other damages as a result of this accident; and

WHEREAS, as these damages occurred through no fault or negligence on the part of Mr. Cauley, it is only fitting and proper that he be compensated for his loss.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $7,500.00 to Mr. James A. Cauley as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services, shall be in full and complete satisfaction of all claims against the state arising out of said occurrence, and shall be paid subject to the provisions of this resolution.

BE IT FURTHER RESOLVED that any amount received by Mr. James A. Cauley pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.

Approved May 7, 2012.

__________

STATE PROPERTY IN BRYAN, BUTTS, AND LIBERTY COUNTIES; EASEMENTS.

No. 770 (Senate Resolution No. 765).

A RESOLUTION

Authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in

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Bryan, Butts, and Liberty counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain parcels of real property located in Bryan, Butts, and Liberty counties; and

WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Bryan and Butts counties dedicated as a heritage preserve at the request of the Georgia Transmission Corporation (an electric membership corporation) and the Coastal Electric Membership Corporation, acting jointly, and the Department of Transportation; and the request has been approved by the Board of Natural Resources; and

WHEREAS, the Georgia Transmission Corporation and the Coastal Electric Membership Corporation, acting jointly, and the Department of Transportation desire to construct, operate, and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Bryan, Butts, and Liberty counties; and

WHEREAS, these facilities, utilities, and the ingress and egress in, on, over, under, upon, across, or through the above-described state property have been approved by the Board of Natural Resources.

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

PART I SECTION 1-1.

That the State of Georgia is the owner of the hereinafter described real property in Bryan County and that the property is in the custody of the Department of Natural Resources, which supports the change to the use of 17.22 acres of the heritage preserve dedicated area, and that in all matters related to the change of use the State of Georgia is acting by and through the Department of Natural Resources. Said change of use area is located at the Richmond Hill Wildlife Management Area located in Bryan County, hereinafter referred to as the "Richmond Hill change of use area," and is more particularly described as follows:
"Those approximately 17.22 acres as shown on easement area plat labeled Parcels 6-6.21 and prepared for Georgia Transmission Corporation (an Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated March 8, 2010 and last revised June 27, 2011 and being on file in the office of the State Properties Commission."

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SECTION 1-2. That the recommendation adopted at the December 7, 2011, meeting of the Board of Natural Resources to change the use of 17.22 acres of the heritage preserve dedicated area known as the Richmond Hill Wildlife Management Area to allow the grant of an easement jointly to the Georgia Transmission Corporation and the Coastal Electric Membership Corporation for the purpose of constructing, operating, and maintaining electrical power lines is approved.

SECTION 1-3. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Bryan County a notice of the removal of the heritage preserve dedication over the Richmond Hill change of use area.

SECTION 1-4. That the Department of Natural Resources shall retain custody of the Richmond Hill change of use area.

PART II SECTION 2-1.

That the State of Georgia is the owner of the hereinafter described real property in Butts County and that the property is in the custody of the Department of Natural Resources, which supports the change to the use of 0.41 acre of the heritage preserve dedicated area and that in all matters related to the change of use the State of Georgia is acting by and through the Department of Natural Resources. Said change of use area is located at High Falls State Park located in Butts County, hereinafter referred to as the "High Falls change of use area," and is more particularly described as follows:
"Those approximately 0.41 acres in Butts County shown on right of way map prepared for the Department of Transportation on February 12, 2008 and last revised November 30, 2010 and being on file in the office of the State Properties Commission."

SECTION 2-2. That the recommendation adopted at the December 7, 2011, meeting of the Board of Natural Resources to change the use of 0.41 acre of the heritage preserve dedicated area known as the High Falls State Park to allow the grant of an easement to the Department of Transportation for the purpose of widening State Route 36 over the Towaliga River is approved.

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SECTION 2-3. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Butts County a notice of the removal of the heritage preserve dedication over the above-referenced High Falls change of use area.

SECTION 2-4. That the Department of Natural Resources shall retain custody of the High Falls change of use area.

PART III SECTION 3-1.

That the State of Georgia is the owner of the hereinafter described real property in Bryan and Liberty counties and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this 100-foot-wide electrical power lines 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 3-2. That the State of Georgia acting by and through its State Properties Commission is authorized to grant jointly to the Georgia Transmission Corporation and the Coastal Electric Membership Corporation, or their successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical power lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electric power lines together with the right of ingress and egress over adjacent land of the State of Georgia as may reasonably necessary to accomplish the aforesaid purpose. Said easement area consists of approximately 17.69 acres in Bryan County and 14.53 acres in Liberty County (total 32.22 acres) and is more particularly described as follows:
"Those approximately 3.856 acres in Bryan County as shown on easement area plat labeled Parcels 6.01, 6.02, 6.03, 6.04, 6.05, 6.07, 6.09, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.18, 6.19 and 6.20 and prepared for Georgia Transmission Corporation (an Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated March 8, 2010 and last revised June 27, 2011 and being on file in the office of the State Properties Commission; those approximately 13.834 acres in Bryan County as shown on easement area plat labeled Jerico River Salt Marsh Areas "A" (Bryan County), "B", "C", "D", "E", and "F" and prepared for Georgia Transmission Corporation (an Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated March 9, 2010 and last revised November 17, 2011 and being on file in the office of the State Properties Commission; and those approximately 14.532 acres in Liberty County as shown on

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easement area plat labeled Jerico River Salt Marsh Area "A" (Liberty County) and prepared for Georgia Transmission Corporation (an Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated March 9, 2010 and last revised November 17, 2011 and as shown on easement area plat labeled Jones Creek Salt Marsh Areas "A", "B", "C", and "D" and prepared for Georgia Transmission Corporation (an Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated February 3, 2010 and being on file in the office of the State Properties Commission." Said easement includes, without limitation, the Richmond Hill change of use area referenced in Part I of this Resolution.

SECTION 3-3. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric power lines.

SECTION 3-4. That the Georgia Transmission Corporation and the Coastal Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electric power lines.

SECTION 3-5. That, after the Georgia Transmission Corporation and the Coastal Electric Membership Corporation have put into use the electric power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Transmission Corporation and the Coastal Electric Membership Corporation, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia or its successors and assigns.

SECTION 3-6. That no title shall be conveyed to the Georgia Transmission Corporation and the Coastal Electric Membership Corporation and, except as herein specifically granted to the Georgia Transmission Corporation and the Coastal 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 the Georgia Transmission Corporation and the Coastal Electric Membership Corporation.

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SECTION 3-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Transmission Corporation and the Coastal Electric Membership Corporation shall remove or relocate their facilities to the alternate easement area at their sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent of the amount of a written estimate provided by the Georgia Transmission Corporation and the Coastal 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 3-8. That the easement granted jointly to the Georgia Transmission Corporation and the Coastal 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 3-9. 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 3-10. 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 3-11. That this grant of easement shall be recorded by the grantee in the superior courts of Bryan and Liberty counties and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 3-12. That the authorization in this Resolution to grant the above-described easement jointly to the Georgia Transmission Corporation and the Coastal Electric Membership Corporation shall expire three years after the date this Resolution is enacted into law and approved by the State Properties Commission.

SECTION 3-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART IV SECTION 4-1.

That the State of Georgia is the owner of the hereinafter-described real property in Butts County 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 4-2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to 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 reasonably necessary to accomplish the aforesaid purpose. Said easement area is located in Butts County and is more particularly described as follows:
"Those approximately 0.13 acres in Butts County shown on right of way map prepared for the Department of Transportation on February 12, 2008 and last revised

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November 30, 2010 and being on file in the office of the State Properties Commission." Said easement includes, without limitation, the High Falls change of use area referenced in Part II of this Resolution.

SECTION 4-3. That above-described property shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 4-4. 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 operation and maintenance of said traffic safety improvement.

SECTION 4-5. 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 4-6. 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 the Department of Transportation.

SECTION 4-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best 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

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removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent of the amount of a written estimate provided by the 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 4-8. 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 4-9. 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 4-10. That the consideration for such easement is $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 4-11. 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 4-12. 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.

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SECTION 4-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART V SECTION 5-1.

That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5-2. That all laws and parts of laws in conflict with this Resolution are repealed.

Approved May 7, 2012.

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COURTS SOCIAL SERVICES DETENTION OF JUVENILES; RESTRICTIONS ON CONTRABAND
AT JUVENILE DETENTION CENTERS.

No. 771 (Senate Bill No. 366).

AN ACT

To amend Code Section 15-11-66 and Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children and the Department of Juvenile Justice, respectively, so as to change provisions relating to detention of juveniles; to revise restrictions regarding possession of contraband at juvenile detention centers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children, is amended by revising subparagraph (b)(2)(B) as follows:
"(B) A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement."

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SECTION 1A. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by revising Code Section 49-4A-11, relating to aiding escape, harboring, or hindering apprehension of juvenile under custody of the department, as follows:
"49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"49-4A-15. Guard lines shall be established by the commissioner or his or her designated representative in charge at the various juvenile detention centers and youth development centers in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: 'Guard line of ________.' Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the institutions and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the institutions.

49-4A-16. (a) As used in this Code section, the term 'guard lines' means the lines established pursuant to Code Section 49-4A-15. (b) It shall be unlawful for any person to cause to be introduced across guard lines or to come inside such guard lines with:
(1) A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive device; or (2) Any intoxicating liquor, amphetamines, marijuana, or any other hallucinogenic or other drugs.

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(c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention center or youth development center has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such center. (d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

49-4A-17. (a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention center or youth development center, it shall be unlawful for any person to take into or cause to be introduced into such center any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such center; (B) In writing by a staff member of such center; or (C) As directed by the rules, regulations, or policies of such center. (2) Any item taken into a center in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department. (3) Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
(b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a youth assigned to a juvenile detention center or youth development center without the knowledge and consent of the commissioner or the director in charge of such center. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

49-4A-18. (a) As used in this Code section, the term:
(1) 'Director' means the commissioner or any director of a juvenile detention center or his or her designee, or any other person who is responsible for the overall management and operation of a center. (2) 'Juvenile detention center' means a regional youth detention center or youth development center operated by or on behalf of the department. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including, but not limited to, a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration.

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(4) 'Youth' means an offender assigned to a juvenile detention center. (b) Without the authorization of the director, it shall be unlawful for any person to obtain for, to procure for, or to give to a youth a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item. (c) Without the authorization of the director, it shall be unlawful for a youth to possess a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item. (d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years."

SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.

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

Approved May 7, 2012.

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AVIATION ALLOW LOCAL GOVERNMENTS TO ACCEPT COMMUNITY IMPROVEMENT DISTRICT FUNDS FOR AIRPORT AND LANDING FIELDS IMPROVEMENTS WITHIN SUCH DISTRICT.

No. 772 (Senate Bill No. 371).

AN ACT

To amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to airports and landing fields within the district; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2012 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, is amended by revising subsection (a) as follows:
"(a) Counties, municipalities, and other political subdivisions are authorized, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft, either within or without the geographical limits of such counties, municipalities, and other political subdivisions, and may use for such purpose or purposes any available property that is owned or controlled by such counties, municipalities, or other political subdivisions. Counties and municipalities may enter into cooperative agreements with community improvement districts for the improvement of airports and landing fields within such community improvement districts, and community improvement districts may enter into such cooperative agreements with counties and municipalities for such purposes, in accordance with Article IX, Section VII of the Constitution."

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

Approved May 7, 2012.

__________

HIGHWAYS, BRIDGES, AND FERRIES DEPARTMENT OF TRANSPORTATION; CONTRACT LIMITS; BIDDING PROCEDURES; CLASSIFICATION OF ROADS; REQUIREMENTS FOR CERTAIN VEHICLES; NOTIFICATIONS; STATE FUNDS FOR MASS TRANSIT.

No. 773 (House Bill No. 817).

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 amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend restrictions on

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the department when contracting for design-build projects; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains or certain tires by certain vehicles on limited access roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for the use of state funds for mass transportation by the department; 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 in Code Section 32-2-61, relating to limitations on the Department of Transportation's power to contract, by revising subsection (d) as follows:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $200,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $200,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81. (2) A department contract negotiated and made with a political subdivision, as authorized by subparagraph (A) of paragraph (1) of this subsection, may be subcontracted to any person or political subdivision. It may be performed with inmate labor, except in the case of a public work constructed with federal aid, or the forces of such political subdivision

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or those of a political subdivision to which such contract has been subcontracted. However, the department shall have the authority to furnish planning, contract plans, specifications, and engineering supervision over a public road being constructed by a political subdivision or by its subcontractor. Any subcontract made under authority of this subsection shall not constitute the basis of any claim against the department, nor shall such subcontract be considered an assignment of the rights of the political subdivision under its contract with the department."

SECTION 2. Said title is further amended in Code Section 32-2-64, relating to the requirement of letting contracts by public bid, as follows:
"32-2-64. Except as authorized by subsection (d) of Code Section 32-2-61, all department construction and maintenance contracts shall be let by public bid. For purposes of this Code section, posting a bid on the department's website shall satisfy the public bid requirement."

SECTION 3. Said title is further amended in Code Section 32-2-69, relating to the reading of contract bids by the Department of Transportation, by adding a new subsection to read as follows:
"(e) For purposes of this Code section, posting of a bid on the department's website shall be equivalent to having read the bid."

SECTION 4. Said title is further amended by revising subsection (f) of Code Section 32-2-81, relating to design-build projects and procedure of the department, as follows:
"(f) In contracting for design-build projects, the department shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year."

SECTION 5. Said title is further amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows:
"32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements:
(1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats;

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(3) Connects urban or regional areas with outlying areas, both intrastate and interstate; (4) Serves as part of the principal collector network for the state-wide and interstate arterial public road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way."

SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"32-6-5. (a) The department may close or limit access to any portion of road on the state highway system due to inclement weather that results in dangerous driving conditions. There shall be erected or posted signage of adequate size indicating that a portion of the state highway system has been closed or access has been limited. When the department determines a road shall have limited access due to inclement winter weather conditions, notice shall be given to motorists through posted signage that motor vehicles must be equipped with tire chains, four-wheel drive with adequate tires for existing conditions, or snow tires with a manufacturer's all weather rating in order to proceed. Such signage shall inform motorists that it shall be unlawful to proceed on such road without such equipment. With the exception of buses, operators of commercial vehicles with four or more drive wheels traveling on a road declared as limited access due to inclement winter weather conditions shall affix tire chains to at least four of the drive wheel tires. Bus operators shall affix tire chains to at least two of the drive wheel tires before proceeding on a road with limited access due to inclement winter weather conditions. For purposes of this Code section, the term 'tire chains' means metal chains which consist of two circular metal loops, positioned on each side of a tire, connected by not less than nine evenly spaced chains across the tire tread or any other traction devices capable of providing traction equal to or exceeding that of such metal chains under similar conditions. (b) This Code section shall not apply to a tow operator towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties."

SECTION 7. Said title is further amended in Code Section 32-6-26, relating to the weight and load of a vehicle, by revising subsection (f) to read as follows:
"(f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; except that if a county road is constructed to the same standards as those highways of this state which are interstate highways and is authorized as a designated local truck route pursuant to official resolution of the county, the maximum weight limits for such designated local truck route shall be the same as those for highways in this state which are not interstate highways as provided by paragraph (1) of subsection (c) of this

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Code section. The county shall notify the department of any roads designated by the county as a local truck route within 90 days of such designation."

SECTION 8. Said title is further amended in Code Section 32-6-50, relating to uniform regulations governing the erection and maintenance of traffic-control devices, by revising paragraph (2) of subsection (c) to read as follows:
"(2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26."

SECTION 9. Said title is further amended in Code Section 32-9-2, relating to the operation of mass transportation facilities or systems by the department, by revising paragraph (3) of subsection (c) as follows:
"(3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to the minimum nonfederal share of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."

SECTION 10. This Act shall become effective on July 1, 2012.

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

Approved May 7, 2012.

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REVENUE AND TAXATION MOTOR FUEL TAX; EXTEND EXPIRATION DATE FOR EXEMPTION FOR CERTAIN PUBLIC TRANSIT AND PUBLIC CAMPUS TRANSPORTATION SYSTEMS; SALES AND USE TAX; EXEMPTION FOR JET FUEL AND PACKAGING MATERIALS.

No. 774 (House Bill No. 743).

AN ACT

To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to change certain provisions regarding the exemption for jet fuel; to provide for an exemption for packaging 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. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (b)(10)(A) and (b)(10)(B) as follows:
"(10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department."

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SECTION 2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by revising subparagraph (C) of paragraph (33.1), by deleting "or" at the end of paragraph (90), by deleting the period and adding "; or" at the end of paragraph (91), and by adding a new paragraph to read as follows:
"(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. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph." "(92) The sale, use, consumption, or storage of materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse. The packaging exemption shall not include materials purchased at a retail establishment for consumer use."

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

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

Approved May 7, 2012.

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INSURANCE STATE GOVERNMENT REVISION OF PROVISIONS REGARDING ISSUANCE AND REGULATION OF LIMITED LICENSES TO SELL PORTABLE ELECTRONICS INSURANCE; LICENSE REQUIREMENTS FOR RESIDENT INDEPENDENT ADJUSTERS; EXHAUSTION OF RIGHTS BY CLAIMANTS AGAINST INSOLVENT INSURERS; EXEMPT RETAIL INSTALLMENT SELLERS FROM REINSURANCE REQUIREMENTS; ENGLISH VERSION OF MATERIAL TO CONTROL DISPUTES; STATE CONTRACTING AND BIDDING REQUIREMENTS.

No. 776 (House Bill No. 1067).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license requirements; to correct certain language relating to exhaustion of rights by claimants against insolvent insurers to provide for internal consistency; to provide for requirements of retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements; to provide for an exception to retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to provide for certain state contracting and bidding 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code

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section for portable electronics, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."

SECTION 2. Said title is further amended by revising subsection (d) of said Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows:
"(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices and their accessories and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program. (H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly.
(2) The commissioner may issue to a retail vendor of portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions.

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(4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which:
(A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including:
(i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill.

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If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide:
(A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of a training program in which employees and authorized representatives of a vendor shall be trained and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor. (13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties: (A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including:
(i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and

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(ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal

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Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer."

SECTION 3. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which:
(A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter."

SECTION 4. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster."

SECTION 5. Said title is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows:

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"(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent."

SECTION 6. Said title is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows:
"(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section."

SECTION 7. Said title is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows:
"(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing."

SECTION 8. Said title is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows:
"(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license."
SECTION 8A. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new Code section to read as follows:
"33-1-22. In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy, as that term is defined in Code Section 33-24-1, shall control the resolution of such dispute or complaint;

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provided, however, that nothing contained in this Code section shall abrogate or supersede the provisions set forth in Chapter 6 of this title, relating to unfair trade practices."

SECTION 8B. Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, is amended by revising subsection (b) as follows:
"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services which shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers.
(B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of

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equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications."

SECTION 9. Said title is further amended by revising subsection (d) of Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers, as follows:
"(d) Except as provided for in Code Section 33-36-20, the pool shall have the right to recover from the following persons all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise:
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million, provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer."

SECTION 10. Said title is further amended by adding a new subsection to Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contact requirements, rules and regulations, and exemptions, to read as follows:
"(f) Property insurance does not include those agreements commonly known as vehicle service agreements or extended warranty agreements which are issued, sold, or offered for sale by a retail installment seller, as defined in Code Section 10-1-31 in connection with the sale of a motor vehicle by such retail installment seller, provided that such retail installment seller:
(1) Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least $50 million, provided the parent company guarantees the obligations of the retail installment seller arising from vehicle service agreements or extended warranty agreements underwritten pursuant to this subparagraph; (2) Complies with the registration requirement prescribed by the Commissioner through regulation; (3) Files with the Commissioner a true and correct copy of the vehicle service agreement or extended warranty agreement that has a term of and is no longer than nine months in a form that is consistent with the terms prescribed by the Commissioner through regulation;

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(4) Files a copy of its Form 10-K or Form 20-F disclosure statements, or if it does not file such statements with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on a GAAP basis. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with this provision by filing the statements of its parent company. The statement shall be filed with the Commissioner 30 days prior to the retail installment seller's initial offering or delivering of a service agreement or extended warranty agreement, and thereafter, the statement shall be filed with the Commissioner annually; and (5) Upon the request of the Commissioner, posts a security deposit or surety bond in an amount not to exceed $250,000.00 and in the manner prescribed by the Commissioner through regulation."

SECTION 11. Said title is further amended by revising Code Section 33-63-4, relating to offering, selling, or providing to borrowers guaranteed asset protection waivers, by adding a new subsection to read as follows:
"(i) A retail installment seller that offers, provides, or sells a guaranteed asset protection waiver in connection with the sale of a motor vehicle shall not be required to insure its guaranteed asset protection waiver if the retail installment seller does both of the following:
(1) Maintains, or has a parent company that maintains, a net worth or stockholders' equity of at least $50 million, provided the parent company guarantees the obligations of the retail installment seller arising from guaranteed asset protection waivers underwritten pursuant to this subsection; and (2) Files a copy of its Form 10-K or Form 20-F disclosure statements, or, if it does not file with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on generally accepted accounting principles. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with the provisions of this paragraph by filing the statements of its parent company. The statement shall be filed with the Commissioner at least 30 days prior to the retail installment seller's initial offering or delivering a guaranteed asset protection waiver, and thereafter the statement shall be filed with the Commissioner annually."

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 7, 2012.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

GEORGIA LAWS 2012 SESSION
MULTIYEAR RENTAL AGREEMENTS WITHOUT OBLIGATION OF PRESENT FUNDS FOR FULL AMOUNT OF OBLIGATION FOR TERM OF AGREEMENT.

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No. 761 (Senate Resolution No. 84).

A RESOLUTION

Proposing an amendment to the Constitution of Georgia so as to authorize the General Assembly to allow certain state entities to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows:
"Paragraph XIII. Multiyear rental agreements. The General Assembly may by general law authorize the State Properties Commission, the Board of Regents of the University System of Georgia, and the Georgia Department of Labor to enter into rental agreements for the possession and use of real property without obligating present funds for the full amount of obligation the state may bear under the full term of any such rental agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficient funds."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide for a reduction in the state's operating costs by allowing the General Assembly
( ) NO to authorize certain state agencies to enter into multiyear rental agreements?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 3, 2012.

__________

EDUCATION POLICIES FOR PUBLIC EDUCATION; SPECIAL SCHOOLS.

No. 762 (House Resolution No. 1162).

A RESOLUTION

Proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include state charter schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section I of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law."

SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority

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of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established."

SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows:
"Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system.
(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983."

SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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PROPOSED CONSTITUTIONAL AMENDMENTS

"( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local communities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 3, 2012.